ONE MILLION CANADIANS
MAY LOSE VOTING RIGHTS
(The
following article is from
the November 16-30,
2007
issue of People's Voice, Canada's leading communist newspaper. Articles
can be reprinted free if the source is credited. Subscription rates in
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By
Kimball Cariou
While the parties in Parliament
engage in macho chest-thumping over the non-existent "threat" of voting
by veiled Muslim women, the genuine attack on access to the ballot is
getting more intense.
The Canada
Elections Act does allow many voters the right not to reveal their
faces - those who cast their ballots by mail. The real scandal is that
if a federal election had been held this fall, as many as one
million potential voters would have been denied ballots. That figure
should set off alarm bells, but the mass media and most MPs other than
some New Democrats have largely ignored this scandal.
In recent
years, homeless people and other poor Canadians have faced increasing
electoral barriers. Those difficulties were compounded by Bill C-31,
amendments to the Elections Act passed last spring.
A coalition
of citizens groups and lawyers in British Columbia warns that C-31
deprives many Canadians of the right to vote. The group is now
preparing a legal challenge, arguing that the amendments violate the
Charter of Rights. Section 3 of the Charter says that every citizen has
the right to vote in a federal or provincial election, and Section 15
guarantees equal protection and benefit of the law. By interfering with
the right to vote, the amendments erode hard-won democratic rights and
single out particular groups.
The parts of
C-31 that cause the most concern are the new, mandatory voter
identification rules. Even those who are on the official list of
electors and have a voter card will not be permitted to vote unless
they can produce one piece of government-issued ID with photograph and
current residential address, or two pieces of ID from a list to be
issued by Elections Canada.
In British
Columbia, for example, except for a drivers' license or B.C. ID (which
costs $35 and can take six weeks to obtain), hardly any other forms of
government-issued ID include a personal photo and address, not even a
passport.
Those who do
not have the mandatory ID can only receive a ballot by swearing an oath
and producing another voter to vouch for them. The other voter must
have the required ID, must live in the same polling district, and can
only vouch for one person.
When a
committee of the House of Commons was preparing these changes, Chief
Electoral Officer Jean-Pierre Kingsley testified that there is no
evidence of voter fraud to require fixing. And when representatives of
the access coalition appeared before the Committee, they were told that
the purpose of the changes was "to address a political problem."
As the
coalition points out, "It is interesting to note that in the recent US
mid-term elections, many Republican-dominated states adopted exactly
these kinds of voter ID rules in an attempt to make it harder for
groups who tend to lean toward the Democrats to vote. These laws were
struck down by the courts in several states."
People who
are less likely to own driver's licenses will be widely affected,
including many seniors, people with restricted physical mobility or
other disabilities, poor people, and Indigenous people (who have the
highest poverty rate in Canada).
In poor urban communities, like
Vancouver's Downtown Eastside, many people have difficulty obtaining
and keeping photo ID. In past elections, squads of lawyers helped
hundreds of people register to vote by swearing affidavits to identify
them. The new rules would eliminate this solution.
New
Canadians may face added difficulties in meeting the requirements,
including language barriers, more recent addresses, and less access to
eligible registered voters who can vouch for them. People who have fled
or are living in abusive situations may not have access to their ID
documents. Transgendered people may face difficulties at polling
stations if their ID does not seem to correspond with their perceived
gender or current appearance.
People who
are more likely to move around - tenants, students, those living in
poverty - often do not own ID with their current address, and are less
likely to know someone in their immediate neighbourhood who is eligible
to vouch for them.
The rules
will even affect some who do own the required ID. Many people will
arrive at the polls with only their voter cards, only to be told to
bring more ID. If it is late in the day, or if they have mobility or
transportation problems, many will not be able to comply.
Even more
potential victims live in rural Canada. The requirement to show photo
ID including "residential address" will affect over a million electors
who live outside cities and towns, carrying ID that may contain only a
box number, rural route, or range road number. This is 4.4% of all
eligible voters. In 3,560 polls, more than 30% of electors do not have
a residential address - enough to dramatically affect the outcome of an
election.
In
Saskatchewan, 189,000 voters, or 27.33% of all electors, do not have a
residential address. In Manitoba 149,547 voters (18%) have no such
address and could be denied a ballot as a result. The figure is 320,238
voters (13.5%) in Alberta; 91,000 (23.21%) in Newfoundland, 148,295 in
Ontario, and 53,811 in Quebec. In the north, where Aboriginal voters
are the majority, the figures are even worse: 13,092 voters (80.75%) in
Nunavut; 7,632 (27.76%) in NWT; and 3,702 (16.39%) in Yukon.
A Tory
proposal to "fix" this problem by allowing ID "consistent with" the
information on the electors' list is now before a parliamentary
committee. NDP members on the committee argue that the "fix" is
inadequate; they propose that voters should be allowed to simply swear
an oath and receive their ballot. Unless Parliament acts soon, the next
election may see polling officials refuse to provide ballots to huge
numbers of Canadians.
"This
situation is outrageous," says Liz Rowley, who attended a recent
meeting of Elections Canada's Advisory Committee of Political Parties
on behalf of the Communist Party of Canada.
Rowley says
the real issue is not "voter fraud," but the potential for a much
broader form of "election fraud." She notes that voter turnout in the
Oct. 10th Ontario election was just 53%, an 80 year record low. Voter
ID was required for the first time in Ontario, and many people were
illegally turned away at the polls by demands for photo ID, which is
not required at the provincial level.
Making the
voting process ever more complicated, she warns, has the effect of
disfranchising large numbers of Canadians, which will fraudulently
affect the outcome of elections.
"The Tories
seem determined to obstruct democracy and prevent huge numbers of
people from exercising their fundamental right to vote," says Rowley.
"The corporate media refuses to cover the views and candidates of the
smaller parties, Parliament has set an arbitrary 2% barrier against
funding of these parties, and there are attempts to restrict
participation in all-candidate forums. Putting it all together, we can
see that the Big Business parties are trying to transform the universal
franchise into a two-tier operation, where some people have more rights
and opportunities to vote than others. We will continue to fight these
undemocratic restrictions every step of the way, in the courts and in
the arena of public opinion."