Electoral officer says he won't 'juggle' fundamental rights over veil issue
Last Updated: Thursday, September 13, 2007 | 12:02 PM ET
CBC News
Canada's chief electoral officer said he will not use his discretionary powers to change the rules and force veiled women to show their faces in upcoming elections, saying it's not his job to "juggle" fundamental rights.
Marc Mayrand made the comments as he was questioned by members of Parliament before the procedure and house affairs committee Thursday morning.
Mayrand said those powers are only to be used in exceptional circumstances, and he does not consider veiled voting an exceptional circumstance.
"You have the power for veiled women to remove their veil … but you're suggesting you do not wish to exercise that authority that you have and I'm wondering why," asked Conservative MP Tom Lukiwski.
"Fundamental reason is that this authority … I believe is designed much more for operational matters as opposed to dealing with some fundamental rights protected by the Charter, including the right to vote and freedom of religion," Mayrand responded. "And I think it's not up to an administrator of the electoral system to juggle those rights."
Asked whether he would use those powers if directed to do so by the committee, Mayrand said he wouldn't, because it would require him to "offend the act and not uphold the law."
Mayrand was asked to appear before the committee after reporters began asking Elections Canada about the issue of face coverings and next Monday's federal byelections in three Quebec ridings.
Prime Minister Stephen Harper said he "profoundly disagrees" with an Elections Canada decision to allow Muslim women to vote with their faces covered by burkas or niqabs.
But Mayrand has said the act does not contain an absolute visual recognition requirement, noting that about 80,000 voters cast their ballots by mail in the last federal election.
Veiled voters who only present one piece of government photo ID — the most basic standard of voter identification — at polling stations will be asked, but not required, to show their faces, he said.
If they decline to do so, he said, the voters must choose one of two other means of identifying themselves, neither of which requires photo identification, as stated in the Canada Elections Act.
Lukiwski also grilled Mayrand about a committee vote that Lukiwski said was clear about veils being removed by voters.
But Mayrand said a committee vote is not the same as an act of Parliament, and that he is under no obligation to move on the committee's recommendation.
With files from the Canadian PressShare Tools
Top News Headlines
- Air Canada confident it can reach deal with pilots
- Travellers flying Air Canada can keep booking their flights as negotiations continue with a new federally appointed mediator to help resolve an ongoing contract dispute between the airline and its pilots. more »
- Legalize pot, say former B.C. attorneys general
- Four former B.C. attorneys general are joining a coalition of health and justice experts calling for the legalization of marijuana. more »
- Whitney Houston's funeral to be held Saturday
- Pop star Whitney Houston's funeral service will be held Saturday in the New Jersey church where she first showcased her singing talents as a child. more »
- CN blamed for fatal train derailment in Illinois
- CN is being blamed for a 2009 train derailment in Illinois, in which several cars went off the tracks and caught fire, killing one person and injuring seven others. more »
Latest Canada News Headlines
- Online surveillance bill targets child porn: Toews
- A bill that would give police and intelligence agencies new powers to access Canadians' electronic communications is needed to protect against child pornography, says Public Safety Minister Vic Toews. more »
- Botox injected by unlicensed practitioners
- Some Vancouver-area medical spas are ignoring Health Canada regulations that Botox be prescribed and injected by a physician, a CBC News investigation has revealed. more »
- Air Canada confident it can reach deal with pilots
- Travellers flying Air Canada can keep booking their flights as negotiations continue with a new federally appointed mediator to help resolve an ongoing contract dispute between the airline and its pilots. more »
- MacKay says submarine fleet has 'spotty' history
- The ongoing maintenance for Canada's troubled submarine fleet is "on track" despite the damage suffered by HMCS Corner Brook from a crash last year, Defence Minister Peter MacKay says, adding that the history of the fleet is "spotty." more »
On Tonight's National
Top stories
Shafia Jury Deliberations
- Dan Halton
- The jury in the Shafia murder trial begun deliberations today. Mohammad Shafia, his wife and his son are accused of killing four of their family members. They are charged with four counts of first-degree murder and have all pleaded not guilty to the charge.
Watch the Best of the Show
- Get Connected
- Syria cracks down on protesters, one day before an Arab League delegation arrives.
Stay Connected
- Carolyn Dunn
- An English soccer captain is facing racial abuse charges after an on-field exchange with another player.
The Current
- An Exploration of Dating Online Feb. 14, 2012 4:13 PM Internet dating is a popular way to meet people, but some researchers question whether compatibility is something that can be determined online.
- Online surveillance critics accused of supporting child porn
- Whitney Houston's funeral to be held Saturday
- HMCS Corner Brook collision damage extensive
- Online surveillance bill targets child porn: Toews
- Legalize pot, say former B.C. attorneys general
- Mooning Queen proves costly for Australian man
- MacKay says submarine fleet has 'spotty' history
- Man kidnapped at Greyhound station escapes captors
- Stanley Cup rioter seen in brick attack on cop

