While the Harper government鈥檚 Fair Elections Act contains some welcome changes to sa国际传媒鈥檚 electoral process, it鈥檚 hard to escape the feeling that the Conservatives are still stinging from the spankings they got over allegations of dirty tricks and fraud in the 2011 election.
The legislation introduced in Parliament this week aims, among other things, to improve election financing, crack down on fraudulent robocalls, curb voter cheating, increase the penalty for election fraud and add another day of advance voting.
Most of that is tuning up existing legislation; the major change is removing investigative powers from Marc Mayrand, the chief electoral officer, and turning them over to the newly independent commissioner of elections.
That鈥檚 not likely what Mayrand was seeking in his calls for fundamental changes in sa国际传媒鈥檚 voting process, but he shouldn鈥檛 be surprised. He and the Conservatives have clashed frequently over controversies surrounding the last two elections, including the electoral office鈥檚 2008 raid on Conservative party headquarters in an investigation of the transfer of cash to 67 candidates.
Mayrand appeared before a Commons committee meeting last May to complain about the Conservatives鈥� stalling tactics as he tried to gather information about the robocalls issue, which began in Guelph, Ont., but spread to 240 ridings across the country in the 2011 campaign.
After the meeting, he told reporters of appointments cancelled and people changing their minds about co-operating with the investigator. It took the Conservatives鈥� lawyer three months to reply to requests for interviews with party members linked to the robocalls case, he said.
He called for more investigative powers for the commissioner of elections, including the ability to compel people to testify.
The amending legislation removes Mayrand鈥檚 investigative powers, transferring them to the commissioner, who gains independence but is moved from the electoral office to that of the director of public prosecutions.
鈥淭he referee should not be wearing a team jersey,鈥� explained Pierre Poilievre, the Conservative minister for democratic reform. Perhaps he was just miffed because it wasn鈥檛 his team鈥檚 jersey Mayrand was wearing. The move has the distinct odour of revenge about it.
One measure in the bill that is long overdue is the repeal of the ban on broadcasting election results from the East while polls are still open in the West. The ban is paternalistic, an infringement of free speech and downright silly in the age of social media.
The aim of any electoral reform should be to make the voting process work better for the voters. Aspects of this bill seem self-serving on the part of the Conservatives, with voters鈥� interests coming second.
If Prime Minister Stephen Harper really wanted to enhance democracy, he could bring decision-making out of the Prime Minister鈥檚 Office and onto the floor of the House of Commons. He could let MPs speak freely, for themselves and their constituents, rather than muzzling them. He could break legislation into manageable pieces, instead of ramming through massive omnibus bills.
But Harper has that power because MPs let him have it. And MPs get away with it because voters let them. A lot of feet should be held to the fire.
There鈥檚 nothing wrong with refining legislation 鈥� it should happen regularly 鈥� but considerable democratic reform could be achieved without legislation if more voters turned out for elections, if more MPs voted on their principles and if the prime minister could realize he is a servant of the people, not their master.
This legislation comes largely because people broke or bent existing rules. It likely won鈥檛 change much. No amount of legislation will confer honesty and honour on those who are inclined to be otherwise.
