Mr. MARTIN moved second reading of
Bill (No. 22) further to amend chapter 7 of
the Revised Statutes of Canada, being the
North-west Territories Representation Act.
He said: Mr. Speaker, this Bill is for the
purpose of changing the law in the Northwest Territories with regard to voting at
elections. I explained the provisions of the
Bill very fully on the first reading. In the
North-west Territories the Franchise Act is
not in operation. Two years ago the Government, when applying the provisions of the
Election Act, with regard to voting by ballot
to the North-west Territories, dealt with the
question of a voters' list. Prior to that
time, there practically was no voters' list in
the Dominion elections there. A voters' list
was prepared, but, under the provisions of
the Act, any person entitled to be an elector
could have his name added to the list on
election day; so that, for preventing any
one from voting or enabling any one to vote,
the list was of no account. In 1894, when
the provisions with regard to the ballot were
extended to the North-west Territories, the
provisions of the law with regard to voting
there were not changed. that law providing
for a purely manhood suifrage; that is to
say, every person who was a British subject, who was twenty-one years of age, and
who had resided a certain time in the electoral district, was entitled to vote. entirely
irrespective of any other qualification. When
that Bill went to the Senate, a provision
was added, the result of which was to provide for a list of electors in the Territories.
which, like the list of electors provided by
the Franchise Act. was to be final. I may
say that that very fundamental change in
the law was never discussed in this House.
When the amendments came back from the
Senate, it is true, they were duly passed by
this House, and appeared, as all such amendments do, in the Journals : but no one
reading them would know what the effect of
them was. I fancy that most of the members of this House thought they were immaterial
changes, as most of them really
were; but one amendment repealed section
44 of the old North-west Territories
Representation Act, which provided
that an elector might vote, on having
his name put on the list by the deputy
returning officer on the day of election.
I myself did not observe the change in the
law. I may say that in the debate that took
place upon the Bill before it went to the
Senate, several members discussed this question as to the advisability of leaving
the law
as it was, and it was thoroughly understood
that it should be left as it was. The attention of the House was drawn to the position
in which the law was up there as to voters'
lists, and I myself took the ground that the
voters' lists was an immaterial matter entirely in the Territories, on account of
the
existence of this particular clause, which
practically allowed every voter to vote, whether his name was on the lists or not.
I remember stating that we might as well save
the expense of a voters' lists, under the circumstances. But it was claimed by one
of
the members from the Territories that the
list was necessary because without it it
would not be possible to poll all the votes
within the time limited by the Election Act.
This very vital change was made in the
Senate. I think it will be admitted by the
House that changes of this kind should not
be made in the Senate. This is one of the
matters surely which should originate in this
House—an alteration in the law with regard
to the constitution at this House. It does
seem to me that it is going very far for the
Senate to undertake to make that vital
change in the law. Of course, it is quite
4673 [MARCH 26, 1896] 4674
true that the Senate has the power to make
a law of that kind and send it back here
for approval ; but it was entirely unexpected Â
that they should think of making any such
change, and I think it was very unfortunate Â
that they should have undertaken to do so.
It has since been explained in this House
that the changes made in the Senate were
made at the instance. I understand. of Senator Perley, who acted at the suggestion
of
the hon. member for East Assiniboia (Mr.
McDonald) ; and I understand that the hon. Â
member for East Assiniboia is the only representative from the Territories who advocates
the change. I understand the
reason he gives is the possibilities of false
voting. personation anti repeating, which, he
claims, are very prevalent in the Territories.
We have not the pleasure very often of
hearing from the hon. member for East
Assiniboia in this House, and I think, if he
desires to add to the legislation of Parlia
ment, he should do so in this House, and not
through the medium of a friend in the
Senate. The matter was first brought fully
to the attention of this House when. in 1895,
the hon. Minister of the Interior (Mr. Daly)
introduced a Bill here to remedy some slight
errors that were made in the legislation of
1894 : and upon examining these changes, it
appeared quite evident what a change in the
law had been made the previous session.
Very serious protests were made against
the change in 1895, The hon. Minister was
urged very strongly by the hon. member for
Bothwell (Mr. Mills) and other members on
this side not to press it. and I think the
position taken by this side was agreed to by
the hon. member for West Assinihoia (Mr.
Davin) and not objected to by any hon.
member for the Territories. The hon. Minister declined. however. to accede to this
protest ; and as the matter was only brought to
the attention of the House in the dying days
of the session of 1895, we had no opportunity of really discussing the question. In
the meantime, public attention in the Territories had been directed to the matter,
and
the North-west Territories assembly passed
a resolution, which I read in full on the first
reading of this Bill of mine. In that resolution, they drew attention to the very
unfortunate position in which the Territories
would be placed at an election on account
of this change, and they urged that one of
three things be done,—either that the Franchise Act applicable to the rest of the
Dominion should be put in force there ; or that
the territorial law with regard to elections
should be adopted; or that the law should
be put back where it was. This resolution
was introduced in the North-west Territories assembly by Mr. Insinger, member for
the northern part of Eastern Assiniboia, and
was supported unanimously by the assembly,
a majority of which are supporters of hen.
gentlemen opposite. I may say also that the
amendment by which it is proposed to adept
the old system as one of the alternatives,
was suggested by Mr. Haultain, who occupies the position practically of Premier of
the Territories. and who is also the candidate, on behalf of the Government, for the
constituency of Alberta. Under these circumstances, the hon. member for West
Assiniboia (Mr. Davin) introduced Bill No.
20), which has not yet had its second reading ; and not knowing that that hon. gentleman
had the matter in hand. I likewise introduced the present Bill for the purpose of
carrying out the desires of the assembly
and of rectifying what I thought was a very
unfair law. I may say that it is quite impossible, at this stage in our hismry. to
attempt to apply the Franchise Act to the
Territories, because there is not now sufficient time to provide a list under that
Act.
Then as to applying the territorial law, there
would perhaps be no very great objection
to that, except that it is not in accord with
the policy of the Government to adopt a
provincial law with regard to voting. We
had at one time the assurance that such a
policy met with the approval of the late Sir
John Thompson while he. was leading this
Government; and we were in hopes, during
the last session he was in the House, that
he would carry out the suggestions which
had fallen from us, at different times, of the
advisability of adopting that principle, namely, of recognizing the provincial franchise
and electoral lists for this House.
So that, practically, if we a re to rectify this
wrong it comes down to the re-enactment
of section 44, in order that a man who is
entitled to vote may know whether his name
is on the list of voters or not. And the
reason why the assembly were so unanimous in condemning the change in the law,
and the reason why I think I can appeal
confidently to this House to make the change
is that there are no sufficient delays provided for, and it is quite impossible, in
the
nature of things, to provide sufficient delay
in making this list to enable both parties
fairly to get their names upon it. The list
is not to be made out at all until a proclamation is issued for an election. As soon
as that proclamation issues, the Government
appoint ennmerators for each polling division. The enumerator makes a list for the
polling subdivision. He has nothing to commence with except what knowledge he may
have of the subdivision. It is not necessary under the law for the Government to
appoint a resident of the polling subdivision,
and it might happen, and it would happen,
probably, that the enumerator would have
very little actual knowledge as to which
electors should have their names upon the
list. However, he is to do the best he can
and, certainly, if he were a partisan, and
were inclined to use his position for the
purpose of aiding his party he would have
unlimited opportunities to do so. He could
make the list in any way he sees fit, putting on names or leaving them off as he
wished. And no delays are given, such as
4675 [COMMONS] 4676
would afford an opportunity to either party to really get the list right. The list
is to
be made up in eight days only before the
polling, that is, it is completed the day
before nomination. It is then posted—written out, for there is no time to print it—in
two places in the polling subdivision.
quite impossible for the electors to know
where it is posted. no provision concerning that appears Act. So it
is a mere matter of chance whether the person entitled to he an elector sees the list.
or not. But if he has the good fortune to
see the list posted up, and tinds on examining it that his name is not on the list,
he
must make application within six days, that
is two days before the election, to the enumerator to have his name put upon the list.
But first he must find the enumerator : there
is no place fixed where he can he addressed. As soon as the list is put up the enumerator
may leave the subdivision, in fact,
he may never have been in it at all. If
the citizen can find him. he has the privilege of saying to hint : You have omitted
my name from the list. But the enumerator
is not: hound to pay the slightest attention : he may leave the list uncorrected,
and
there no means to compel him to correct it. There are no provisions, as in the
Franchise Act, for the posting in schoolhouses of the list and for distributing it,
giving everybody an opportunity of learning whether his name is on
the list or not, and giving every person
time to make proper application to the revising ottieer to get his name upon the list.
As I said before. it is practically no list
at all. It simply leaves it in the hands
of the men appointed by the Government
to do as they see tit. I suppose we have
no right to assume that these gentlemen will
not do their duty. but that is very little
protection. In the matter of the voters' lists.
it is most important that every elector
should have a fair opportunity of proving
his right to be upon the list: and if he
proves his right there should be no such
provisions in the law as would ensure that
natne going upon the list. But no such provision appears in this Act. For that reason,
I have felt it my duty to call the attention of the House to the matter, and
so has the hon. member for West Assiniboia
(Mr. Davin}. A few days ago, when the
Government announced their intention of
taking Mondays and Thursdays. I drew their
attention to these Bills, and I was assured— at any rate, the hon. member for West
Assiniboia stood in his place and stated—that
the Government intended to introduce an
Act for the purpose of making this matter
right. No such Act has been introduced, and, as time is passing, and we are getting
close to the end of the session, and as there
is a large amount of business to be done—
practically no Government business has been
done yet—I am much disappointed at not
seeing a Bill upon the Order paper for the
purpose: for the assurance given by the
hon. member for West Assiniboia as to the
Government's intention was corroborated.
I am not sure by whom but I think by the
hon. Minister of Justice Mr. Dickey. And
if that course is adopted—of course I do
not suggest that the Government do not intend to adopt it—it will he very satisfactory
indeed to the people of the North-west
generally. The only suggestion that I have
to make is that, the Government having decided to do it, it will be advisable that
it
shall he done at an early day in order that
the measure may go to the Senate with
time to he passed there and so heeome law.
I would ask that my Bill be read a second
time in the meantime, and then allowed to
stand. the committee stage not being taken
now, so that the Government may have an
opportunity to bring down their measure.
Motion agreed to,and Bill read the second
time.
