RESOLUTION 5 Ensure the Integrity of Canada’s Democratic Process by Honouring International Best Practices in Electoral Reform BE IT RESOLVED THAT the Canadian Nurses Association (CNA) join with other civil society groups in advocating that any substantive changes to Canada’s electoral system be perceived and validated as non-partisan in order to protect the integrity of Canadian democracy. Submitted by: Registered Nurses’ Association of Ontario Rationale: “The vote of each and every citizen is a badge of dignity and personhood.” South African Constitutional Court, cited by Leilani Farha of Canada Without Poverty.1 On February 4, 2014, the minister of state for democratic reform introduced Bill C-23, An Act to Amend the Canada Elections Act and other Acts and to Make Consequential Amendments to Certain Acts.2 Bill C-23’s official short title is the Fair Elections Act, which has prompted characterizations of the bill as Orwellian,3 unfair4 and as the ‘Unfair Elections Act’.5 On March 11, 2014, an open letter, signed by more than 150 professors6 at Canadian universities who study constitutional democracy, urged reconsideration of Bill C-23 as it “would damage the institution at the heart of our country’s democracy: voting in federal elections.”7 This was followed on April 23, 2014, by another open letter signed by over 460 academics that implored “all responsible office-holders to heed reason, evidence, and experience” by withdrawing the bill to start anew.8 Despite “no evidence that Canada has a voting fraud problem” and “a lack of interest in evidence,”9 debate on this “controversial bid to rewrite Canada’s election laws”10 was shut down early by the government. Among Bill C-23’s flaws is that in a context of already low voter turn-out, this Bill would further disenfranchise already marginalized Canadians, including Aboriginal people,11,12,13 people living with low income,14 people who are homeless,15 students,16 and seniors.17,18 Pippa Norris, director of the Electoral Integrity Project, John F. Kennedy school of government, Harvard University, testified that “Canada has a worldwide role as a leading ideal type of democracy,” but Bill C-32 “could damage that.”19 Four concerns that Norris identified with some of the bill’s provisions are that they (1) “would diminish the authority, the effectiveness, the impartiality, and the independence of electoral administration;” (2) restrict basic voting rights thereby reducing electoral turnout; (3) would expand the role particularly of private money in politics; and (4) are going to “lead to greater polarization rather than consensus.”20 Eroding trust in the electoral process is not only corrosive within Canada but has global implications. “Other governments — and this, again, is really my concern — who are less willing to respect human rights and who are less established in their democratic institutions could use this example, and it would therefore damage some of the world’s progress in democracy.”21 Relevance to CNA’s mission and goals: This resolution serves CNA’s mission of “serving the public interest” and “advocating for healthy public policy.” A strong electoral system with integrity that is trusted by the public is integral to a vibrant democracy, which is a prerequisite for healthy public policy. Professor Norris makes a compelling case that safeguarding processes that enable democracy is critical not only for citizens of Canada but also for our global neighbours. 1 Key stakeholders: In addition to RNAO and members of the labour movement, including the Canadian Federation of Nurses Unions, other organizations concerned about Bill C-32 include ACORN Canada, Alternatives, the Canadian Association of University Teachers, the Canadian Federation of Students, the Canadian Peace Alliance, Canada Without Poverty, the Council of Canadians, and Democracy Watch, among others.22,23 Estimated resources required or expected outcomes: Bill C-23 must be scrapped. Any electoral reform should reflect international best practices, including these four principles: (1) electoral management bodies should be impartial, effective, fair, and independent; (2) voting procedures must be fair, secure, honest and include all eligible voters; (3) the role of money in politics, especially private money, must be transparent and provide a level playing field for all parties; and (4) electoral laws and registration regulations should be based on widespread consultations and all party consensus.24 References: 1 House of Commons, 41st Parliament, 2nd Session, Standing Committee on Procedure and House Affairs, Number 26, April 2, 2014, p. 1. 2 LEGISinfo — House Government Bill C-23 (41-2). Retrieved from http://www.parl.gc.ca/LEGISInfo/BillDetails.aspx?Language=E&Mode=1&billId=6398775 3 Editorial: Shades of Orwell in federal bill. (2014, April 15). Edmonton Journal. Retrieved from http://www.edmontonjournal.com/opinion/editorials/Editorial+Shades+Orwell+federal+bill/9738 348/story.html 4 Editorial: The unfairness of Bill C-23 is intolerable. (2014, April 17). Montreal Gazette. Retrieved from http://www.montrealgazette.com/opinion/editorials/Editorial+unfairness+Bill+intolerable/97453 06/story.html 5 Barlow, M., & McCormick, J. (2014, March 11). Op-Ed: ‘Unfair Election Act’ looks more and more like a cover-up. Toronto Star. Retrieved from http://www.thestar.com/opinion/commentary/2014/03/11/unfair_elections_act_looks_more_and_ more_li ke_a_coverup.html 6 The number of signatories was 180 as of March 31, 2014. Retrieved from http://www.democracy.arts.ubc.ca/fairelectionsact/ 7 Don’t undermine Elections Canada. (2014, March 11). National Post. Retrieved from http://fullcomment.nationalpost.com/2014/03/11/dont-undermine-elections- canada/ 8 University of British Columbia, Department of Political Science. (2014, April 23). Over 460 academics call on government to withdraw Fair Elections Act [Press release]. Retrieved from http://www.democracy.arts.ubc.ca/files/2014/03/PressRelease_OpenLetterApril23_2014_ENGLI SH.pdf 9 Editorial: Harper Tories undermining democracy, to their own peril. (2014, April 12). Globe and Mail. Retrieved from http://www.theglobeandmail.com/globe-debate/editorials/fair- elections-act-if-only-evidence-could-vote/article17943385/ 10 O’Malley, K. (2014, May 8). Tories force early end to final round of election bill debate. CBC News. Retrieved from http://www.cbc.ca/news/politics/tories-force-early-end-to-final-round-of- election-bill-debate-1.2636102 11 See, for example, testimony by Peter Dinsdale, Acting CEO, Assembly of First Nations. House of Commons, 41st Parliament, 2nd Session, Standing Committee on Procedure and House 2 Affairs, Number 27, April 3, 2014. 12 See, for example, testimony by Gladys Christiansen, Director of Human Resources, Lac La Ronge Indian Band. House of Commons, 41st Parliament, 2nd Session, Standing Committee on Procedure and House Affairs, Number 27, April 3, 2014. 13 See, for example, testimony by Teresa Edwards, In-House Legal Counsel, Director, International Affairs and Human Rights, Native Women’s Association of Canada. House of Commons, 41st Parliament, 2nd Session, Standing Committee on Procedure and House Affairs, Number 27, April 3, 2014. 14 See, for example, testimony by Leilani Farha, Executive Director, Canada Without Poverty. House of Commons, 41st Parliament, 2nd Session, Standing Committee on Procedure and House Affairs, Number 27, April 3, 2014. 15 See, for example, testimony by Raji Mangat, Counsel, British Columbia Civil Liberties Association. House of Commons, 41st Parliament, 2nd Session, Standing Committee on Procedure and House Affairs, Number 26, April 2, 2014. 16 See, for example, testimony by Jessica McCormick, National Chairperson, Canadian Federation of Students. House of Commons, 41st Parliament, 2nd Session, Standing Committee on Procedure and House Affairs, Number 28, April 7, 2014. 17 See, for example, testimony by Barry Thorsteinson, Past President, National Pensioners Federation. House of Commons, 41st Parliament, 2nd Session, Standing Committee on Procedure and House Affairs, Number 27, April 3, 2014. 18 See, for example, testimony by Susan Eng, VP Advocacy, Canadian Association of Retired Persons. House of Commons, 41st Parliament, 2nd Session, Standing Committee on Procedure and House Affairs, Number 28, April 7, 2014. 19 House of Commons, 41st Parliament, 2nd Session, Standing Committee on Procedure and House Affairs, Number 26, April 2, 2014, p. 19. 20 House of Commons, 41st Parliament, 2nd Session, Standing Committee on Procedure and House Affairs, Number 26, April 2, 2014, p. 19 21 House of Commons, 41st Parliament, 2nd Session, Standing Committee on Procedure and House Affairs, Number 26, April 2, 2014, p. 19 22 Council of Canadians. (2014). Joint letter: Unite to stop the Unfair Elections Act. Retrieved from http://canadians.org/sites/default/files/unite-UEA-0414.pdf 23 Democracy Watch. (2014). Make the Fair Elections Act actually fair [Campaign resource]. Retrieved from http://democracywatch.ca/campaigns/makefairelectionsactfair/ 24 These principles were outlined by Professor Pippa Norris of the Electoral Integrity Project based at Harvard University and the University of Sydney. House of Commons, 41st Parliament, 2nd Session, Standing Committee on Procedure and House Affairs, Number 26, April 2, 2014, p. 18. 3 .