PROC Committee Report

SUPPLEMENTARY INTERIM REPORT FROM THE CONSERVATIVE PARTY OF CANADA REGARDING THE CONDUCT OF A PANDEMIC ELECTION

Introduction

Throughout the COVID-19 pandemic, Conservatives have sought to work collaboratively with the government to make sure that Canadians stay safe and healthy. We have also pushed the government to improve its pandemic response with regards to rapid-testing, vaccine procurement, and economic recovery for Canadian businesses and workers. With all that Canadians are facing, the last thing they should have to worry about is their government calling an unwarranted snap election.

As the above interim report indicates, conducting an election in the midst of the COVID-19 pandemic would be a challenging task with certain inherent risks involved. We appreciate the insight gained from the provincial elections that have been held during the pandemic, as well as the concerns voiced by advocacy groups that appeared before the committee. We have used their testimony to inform this supplementary report, and our associated recommendations.

It is unfortunate that the Liberal government has chosen to ignore the testimony of the many witnesses that appeared, and introduce its own legislation, without waiting to receive the interim report from the Committee. This clearly demonstrates the government’s disdain for the Parliamentary process, and its desperation to avoid accountability. The Prime Minister used the study of a pandemic election to avoid a study on the reasons for the government’s shutdown of Parliament through August’s prorogation. The Prime Minister knew his government would be introducing legislation before the committee had a chance to make any recommendations on a pandemic election, therefore completely bypassing any constructive advice offered by the many expert witnesses.

All of this was done to avoid a study demanded by Conservative members of the committee that would have held the government accountable for its needless prorogation. Instead of answering difficult questions regarding the Prime Minister’s cover up of his ethical scandals, the government chose to waste the time, not only of the committee, but also of the many expert witnesses who appeared, including officials from Public Health Agency of Canada, the Public Officer of Health for British Columbia, the Chief Medical Health Officer of Saskatchewan, and the Chief Medical Officer of Health of New Brunswick. These officials are needed at their posts now more than ever, and it is absolutely shameful that the government chose to take them away from the important work of protecting Canadians for political purposes. We sincerely regret and wish to apologize that the committee asked them to step away from their incredible responsibilities to provide us with their thoughtful advice when, in hindsight, the Liberals sent them and this Committee on a fool’s errand all autumn.

Extending the Voting Period and Mail in Ballots

Conservatives appreciate the feedback gained from the Chief Electoral Officer (CEO) and his suggestions regarding how to ensure a pandemic election is safe and fair, while taking into account certain modifications that reflect the public health realities of the pandemic. Conservatives agree that adopting a three-day voting period is wise for the reasons expressed in the report. We also recognize that it may be necessary to consider using the longest allowable election period (51 days) in order to protect the health and safety of all Canadians during this period. Additionally, we understand the emphasized role that mail-in ballots will have if a pandemic election is called by the government.

That is why we agree with the Committee’s adoption of the CEO’s recommendation to allow for voting over a multi-day period. We agree with the Committee’s slight alteration to the CEO’s initial recommendation that will ensure that the final day of the voting period is a Monday. Not only does this reflect the testimony received by multiple witnesses with regards to having voting take place on both weekdays and weekend days, but it also allows Canada Post to deliver any ballots received over the weekend to Elections officials.[1]

However, we disagree with the CEO’s recommendation to allow mail-in ballots to be received a full 24-hours following the close of polls. We believe that in order to ensure election results are not delayed, and to guarantee that Canadians’ confidence in our election system remains uncontested, that all ballots, including mail-in ballots, must be received by Elections Canada officials by the close of polls on the final day of the voting period. One needs only to look at the recent American election to recognize that delays in election results lead to heightened pressure on election workers, and anxiety for citizens.  In any event, if voting concludes on a Monday, as recommended by the Committee, it would render moot the original concern which motivated the CEO’s recommendation in the first place.

Finally, given the likely surge in demand for mail-in voting and in order to ensure that candidates have access to appropriate information regarding voter turnout, we recommend that Elections Canada commit to providing regularly updated information with regards to the distribution of mail-in ballots, the electors who are receiving them, and any completed mail-in ballots that have been returned to Elections Canada. This will ensure that candidates receive comparable information with regards to mail-in voting, as would be available for conventional voting methods through Sequence Number Sheets (bingo sheets).

Protecting our Seniors in Long-Term Care

Canadian seniors have borne tremendous stress over this pandemic – particularly those living in Long-Term Care facilities. Conservatives are committed to ensuring the rights of our seniors in Long-Term Care are respected, and that these seniors have the resources they need to participate fully in our democracy and exercise their democratic right if a pandemic election is called.

Instead of exploring brand-new, untested voting methods, we recommend that the government step up its efforts to secure rapid-tests and vaccines in order to supply Elections Canada with the resources it needs to flexibly adapt existing voting methods in Long-Term Care facilities. This adaptation would be done in direct consultation and collaboration with Long-Term Care facilities and public health officials to determine a mutually-agreeable process that could involve ensuring anyone entering these facilities has been vaccinated, tests negative for COVID-19, and has appropriate PPE to protect themselves and our seniors.

When he appeared before committee, the CEO stated that, “A national election is a logistical feat in the best of circumstances, and these are not the best of circumstances.”[2] Conservatives agree wholeheartedly with this statement and recognize the massive organizational challenges a pandemic election would create. That’s why we believe that introducing sweeping new methods of distributing mail-in ballots or an untested vote-by-phone system, as suggested by some witnesses, would place unreasonable pressure on public servants, who will already be under immense pressure. [3]

CEO Adaptation Power

The CEO and Elections Canada have been conducting federal elections since their creation in 1920.[4] Over the last century, Elections Canada and the CEO have served Canadian democracy. With the collaboration of Parliament, these institutions have also built up institutional knowledge that helps to inform their work. Conservatives acknowledge Elections Canada and the CEO’s capacity to conduct a federal election, even with the challenges posed by the COVID-19 pandemic.

The CEO has already displayed foresight regarding likely challenges he will face with regards to a pandemic election, and has proposed solutions to overcome these challenges. To provide greater clarity, and to ensure that Canadians have access to specific information about how a potential election might impact their ability to vote, Conservatives are recommending that the CEO proactively provide more extensive information on the unique obstacles for which he expects his adaptation powers would need further expansion. We believe that his ability to anticipate these challenges can overcome the need for uncapped expansions to his existing powers, and that Parliament can help provide input to these decisions.

To enhance transparency and accountability, we recommend that this list of considerations be tabled in Parliament for review and approval.  For any unforeseen adaptations which go beyond the scope of the lists approved or which are required after Parliament has been dissolved, we would go one step further than the Committee has recommended on consultation and vest approval authority in the Advisory Committee of Political Parties, as established under Section 21.1 of the Canada Elections Act, is an as the appropriate body to evaluate and approve these decisions, with the input of public health officials.

Conclusion

Conservatives agree substantially with this interim report and its recommendations to make modifications to our elections if Canadians must head to the polls before this pandemic is over.  However, we will remain vigilant in approaching the final report to ensure that Canadians—and especially senior Canadians—will still be able to exercise their franchise while avoiding an embrace of experimental voting methods or other needless changes to the democratic process we all know well.

Conservatives have been listening to Canadians and know that they are under tremendous pressure. They are doing their best to keep their families safe and healthy despite the ravages of the pandemic. Unfortunately, the government has already, on multiple occasions, threatened to send Canadians to the polls, risking their health and safety, instead of answering questions about the failed elements of their pandemic response, or their ethical scandals.

While it is logical for this study to be held given there is a minority government, it should not be taken as license for the Prime Minister to call an early election.  To protect Canadians, we are recommending that the government make the simple commitment to work collaboratively with the Opposition Parties. Conservatives will continue to demand accountability from this government, while also seeking to maintain the stability Canadians desperately need to get them through this pandemic.

Unfortunately, the Liberals’ track record during this pandemic has left Canadians apprehensive about the future. Not only has the Liberal government failed to deliver on rapid tests, procure vaccines, or develop any real plan for economic recovery; but they have also already threatened to force an election to cover up their ethical scandals, regardless the risks such an election would entail.

As noted above, we also know that the government has chosen to table its own legislation, completely dismissing the work of the committee. It is disappointing, but not surprising, that the government would again seek to avoid accountability by wasting the time of public health officials, during a pandemic, only to carve out its own path regardless of the advice of expert scientists and stakeholders.

Conservatives will continue to demand concrete action to help Canadians get through this pandemic and rise above the bully politics of this Prime Minister.

APPENDIX: RECOMMENDATIONS

1.    We recommend that Elections Canada develop a task force responsible for extensively consulting with Long-Term Care Homes to determine a safe and mutually-agreeable way to conduct the vote in Long-Term Care Homes; that these consultations include both national and regional stakeholders; and that these consultations include a consideration of how rapid-testing of Elections Canada employees may increase the safety of residents of Long-Term Care Homes.

2.    We recommend that the Government commit to making rapid tests available to Elections Canada for the purpose of conducting an election during the COVID-19 pandemic.

3.    We recommend that Elections Canada provide a list of expected situations where it would require an expansion to the Chief Electoral Officer’s adaption power, as well as a list of actions that would remain prohibited under the expanded adaption power, and that these lists be tabled before Parliament for review and approval, and that any unanticipated adaptions require the approval of the Advisory Committee of Political Parties struck under section 21.1 of the Canada Elections Act.

4.    We recommend that Elections Canada ensure all voting locations are accessible for those living with disabilities, and that alternative methods of voting, such as mail-in ballots, are adequately accessible for electors who do not wish to leave their home.

5.    We recommend that Elections Canada only receive ballots until the close of polls on election day and that any ballots received after the close of polls on election day not be counted.

6.    We recommend that Elections Canada outline a plan to reconcile the number of special ballots received during the course of the election with the number of special ballots distributed, and that up-to-date information on who has received mail-in ballots be made available to candidates throughout the election.

7.    We recommend that in addition to outlining the safety measures at polling places, the Elections Canada’s planned communication campaign include specific guidance for those living with vulnerabilities to COVID-19 and extensive information on mail-in voting.