Protecting our elections
Canada needs stronger guards against foreign electoral influence, senators say
OTTAWA — The Liberal government should toughen up Canada’s election law to better protect the voting process from foreign influence — and money — in time for the 2019 campaign, senators argue in a new report.
“The (Canada Elections Act) does not sufficiently protect Canadian elections from improper foreign interference,” said a report released Thursday by the standing Senate committee on legal and constitutional affairs.
“The existing regime that regulates third-party advertising requires modernization in order to better ensure transparency and electoral fairness.”
There have been growing concerns about foreign influence in the electoral process, especially after the French and U.S. elections and the investigation into alleged Russian interference to help ensure the victory of U.S. President Donald Trump.
The report was released on the very day former FBI director James Comey appeared before the U.S. Senate intelligence committee to discuss his firing and the ongoing probe of Russian election meddling.
It calls for clearer language barring foreign entities from inducing Canadians to vote in a particular way, and for stronger criminal penalties for doing so.
The committee also wants an overhaul of the rules for third parties, with Conservatives having pointed the finger mainly at environmental groups that were campaigning against former prime minister Stephen Harper in the 2015 election.
The rules surrounding advertising, which have not changed in 17 years, are out of date, the report notes.
“It excludes totally the Internet,” as well as other forms of advertising, such as robocalls, telephone calls and third parties that hire door-to-door canvassers, said Sen. George Baker, deputy chair of the committee and a Senate Liberal.
“There’s a very limited definition of election advertising that allows third parties to do all sorts of things during election campaigns and not have to account for it, as far as election advertising expenses are concerned.”
The report also wants to impose random campaign audits and remove the six-month time limit on when those third parties have to report contributions, to further protect against foreign donations helping to fund election activities.
Conservative Sen. Linda Frum has put forward a private bill with a similar goal.
Democratic Institutions Minister Karina Gould confirmed she is still planning to review spending limits for third parties, as noted in her mandate letter.
“We will also create reasonable measures to apply between elections,” Gould said in a statement.
“Wewanttopreventforeigninterference in our elections that could undermine trust in our democracy,” she added. “Our democracy belongs to Canadians.”
The Liberal government has also asked the Communications Security Establishment to look at whether the 2019 federal election is vulnerable to outside influence, particularly through cybercrimes.
Yves Cote, the commissioner of Canada elections, told the Senate committee in April that concerns about foreign money and thirdparty influence are serious enough that they merit the attention of Parliament.
His office said last month there were 105 complaints about thirdparty activities in the 2015 campaign, compared to a dozen following the 2011 election.
The report noted the Supreme Court has upheld the constitutionality of limiting the spending of third parties during election campaigns. Before his political career, as head of the National Citizens Coalition, Harper had challenged those limits on the grounds they infringed the right to freedom of expression.
Conservative Sen. Bob Runciman, the chair of the committee, said a free speech argument would likely gain little sympathy if it involved foreign influence.
“I think most Canadians would have difficulty with the free speech argument when you’re looking at foreign monies coming in to influence the selection of the government of Canada.”