Friday, November 19, 2021

Steering Committee Member Hal Joffe Co-Authors and Opinion Piece in the National Post

 https://nationalpost.com/opinion/opinion-3


Opinion: In our overheated political climate, voter lists present a direct threat to privacy and public safety

Even in the face of such vitriol, governments continue to give political parties and candidates copies of voter lists, which include full names and home addresses

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The recent federal election was one of the nastiest in Canadian history, complete with calls to hang or otherwise harm our prime minister, racist attacks against candidates and their volunteers, and journalists being harassed and threatened. Yet even in the face of such vitriol, governments continue to give political parties and candidates, and therefore their workers and volunteers, copies of voter lists — which includes full names and home addresses.

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A wide spectrum of views was represented among the 24 parties vying for election this year that included a neo-Nazi party (Canadian Nationalist party), a Marxist-Leninist party and the People’s Party of Canada. PPC Leader Maxime Bernier reportedly insulted journalists and shared their contact information, suggesting that his followers “play dirty” and contact the reporters to tell them what they think of them. Many of the same parties ran in the previous federal election, when civility was already giving way to malevolence.

The Canada Elections Act mandates that the chief electoral officer maintain a “Register of Electors” (RE), which lists those who are eligible to vote, as well as a “Register of Future Electors” (RFE) — our children. Both lists contain residents’ surnames, given names, genders, dates of birth, complete civic addresses, complete mailing addresses, unique identifier numbers and other information gathered from various government databases and other sources. No parental consent is required for listing in the RFE.

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Every year, each of Canada’s 338 members of Parliament may request the Register of Electors for their electoral district from the chief electoral officer, who provides them with electronic and hard copies. Each time a federal election is called, the chief electoral officer makes the updated electors’ list available to each registered party and to the returning officer for each riding, who, in turn, makes it available to every candidate in the riding. The lists provided by the chief electoral officer details each elector’s surname, given names, complete civic address and mailing address, and their unique government-issued identifier number.

The chief electoral officer can also share the information with provincial authorities to establish a list of electors or future electors in a province. In Alberta, the Election Act requires that such voter lists also include a wealth of personal information. The list of electors — including the full names, the addresses including postal codes, telephone numbers and the unique identifier numbers of electors — is then provided to all registered political parties. As well, voter lists for individual ridings are routinely sent to members of the legislative assembly.

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Alberta municipalities may also obtain the provincial list to help prepare their own list of electors, which must then be shared with municipal election candidates. Calgary city council voted in May not to prepare a list of electors for the Oct. 18 municipal election. Had the city opted to compile one, the complete list — identifying every eligible Calgary voter — would have been available to each of the 27 mayoral candidates, including Kevin J. Johnston, whose well-publicized threats to show up at the homes of Alberta Health Services employees to “arrest” them inspired the city (as well as some other municipalities) to forego a list of electors — this time, at least.

Pastor Henry Hildebrandt of Aylmer’s Church of God addresses the crowd at a People’s Party of Canada rally in Chatham, Ont., on Sept. 15.
Pastor Henry Hildebrandt of Aylmer’s Church of God addresses the crowd at a People’s Party of Canada rally in Chatham, Ont., on Sept. 15. PHOTO BY DEREK RUTTAN/THE LONDON FREE PRESS/POSTMEDIA NETWORK

Other provinces have analogous legislation regarding voter lists. Although both the federal and Alberta elections acts contain prohibitions on the improper use of these lists, complying with those requirements is largely on the honour system. And the wide distribution of voter lists makes it difficult to know which candidates, volunteers or other people have accessed, retained or distributed copies, during or after an election. The federal government published “recommendations” and “best practices” on the destruction of voter lists after an election, but they are not mandatory.

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In September’s federal election, there were an average of about six candidates in each of the 338 ridings. Assuming an average of around 50 party representatives and volunteers for each candidate, which is probably an under-estimation in many cases, there would have been 101,400 people working the federal election campaign — including candidates and volunteers for the Canadian Nationalist party and the PPC riding directors with links to white supremacist groups — who might have had access to your personal information. There do not appear to be any rules about vetting who gets access to the data.

The level of hatred and intolerance that exploded since the onset of COVID-19 was obvious throughout the federal election, by and toward candidates and their volunteers. This is part of a trend that can be seen across the country. Last year, Statistics Canada reported that crime fell nationally by five per cent, while hate crimes rose an unprecedented 37 per cent, to their highest-ever reported level. Jews are the most targeted, and Islamophobia, anti-LGBTQ and anti-Asian hate are also on the rise.

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Knowing where one’s target or enemy lives makes identity theft and stalking relatively simple. But, sure, let’s give every candidate and campaign volunteer a way to access our home addresses.

Voter lists have always been important for running orderly democratic elections, and for ensuring that only qualified people vote. We are not arguing that governments stop maintaining such lists for that purpose, only that the information be more tightly controlled.

Not very long ago, when there was civility in politics, candidates relied on voter lists to reach out to voters. Today, however, the internet and social media makes it possible for parties and candidates to reach voters and raise campaign funds without a government-supplied voter list.

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Anti-Muslim activist Kevin J. Johnston berates Postmedia Edmonton reporter Lauren Boothby on March 14.
Anti-Muslim activist Kevin J. Johnston berates Postmedia Edmonton reporter Lauren Boothby on March 14. PHOTO BY LARRY WONG/POSTMEDIA

In today’s climate, where polarized political and social discourse have metastasized into violence, we need parties and candidates to conduct their campaigns without violating privacy rights and risking public safety. Not even politicians’ homes are exempt from outrageous behaviour: recently, protesters placed a noose outside the home of an Alberta MLA.

Most candidates are honourable in intent and action, but some are racist and contemptuous scoundrels. Most party officials and volunteers get involved for the right reasons, but not all. Some want to harm or silence their perceived enemies. For the protection of our privacy and for the safety of all — including future voters, targeted minorities, journalists, health officials, health-care workers, the general public and politicians — it is time that our governments stop giving out our personal information to candidates, politicians and their party faithful.

National Post

Hal Joffe is a retired Calgary lawyer and member of the steering committee of the Canadian Jewish Community Forum. Sharon Polsky is the president of the Privacy & Access Council of Canada.

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