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Government of Canada Privy Council Office

Gouvernement du Canada Bureau du Conseil prive

Your File

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A-2013-00478 I HB
Our File

Notre reference

CA-2013-00002 I BA Sydney Wingender
CIO Office of the Leader of the Official Opposition

MAR 17 2014

House of Commons 03-24, 131 Queen Street Ottawa, Ontario K1A OA6 Dear Mr. Wingender: This letter is further to your request under the Access to Information Act for "All briefing and transition books for the new Minister of State (Democratic Reform), timeline is July 10 2013 to July 31 2013". Our initial response excluded the entire record set pursuant to paragraph 69(1 )(e) of the Act. However, in response to your complaint, a re-examination of the records was conducted and portions of the information may now be released. A copy of this material is enclosed. Please note that certain information continues to be withheld under sections 69(1)(e) (briefings to Ministers on Council matters), and 69(1)(g)re: (f) (reference to records qualifying for section 69(1) f) of the Act. A copy of these sections is included for reference.

Yours sincerely,

Dwayne McDonald Director Access to Information and Privacy

Attachment: 7 pages total c.c. Office of the Information Commissioner

Canada

Access to Information Act
69(1) (CONFIDENCES OF THE QUEEN'S PRIVY COUNCIL FOR CANADA) 69. (1) This Act does not apply to confidences of the Queen's Privy Council for Canada, including, without restricting the generality of the foregoing, (a) memoranda the purpose of which is to present proposals or recommendations to Council; (b) discussion papers the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions; (c) agenda of Council or records recording deliberations or decisions of Council; (d) records used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy; (e) records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d ); (f) draft legislation; and (g) records that contain information about the contents of any record within a class of records referred to in paragraphs a to f. (g) records that contain information about the contents of any record within a class of records referred to in paragraphs (a). (g) records that contain information about the contents of any record within a class of records referred to in paragraphs (b). (g) records that contain information about the contents of any record within a class of records referred to in paragraphs (c). (g) records that contain information about the contents of any record within a class of records referred to in paragraphs (d). (g) records that contain information about the contents of any record within a class of records referred to in paragraphs (e). (g) records that contain information about the contents of any record within a class of records referred to in paragraphs (f). 69.1 (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Act in respect of a request for access to that information, this Act does not apply to that information. (2) Notwithstanding any other provision of this Act, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued after the filing of a complaint under this Act in relation to a request for access to that information, (a) all proceedings under this Act in respect of the complaint, including an investigation, appeal or judicial review, are discontinued; (b) the Information Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and (c) the Information Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information. Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Act in respect of a request for access to that information, this Act does not apply to that information.

Page 1 is withheld pursuant to section est retenue en vertu de l'article

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DEMOCRATIC REFORM TABLE OF CONTENTS
Overview and Immediate Issues ..................................................................................A Senate Reform ••.••••.•...•....••...............•...•..••.•...•.•.......••.••.••.............•....•........••............... B

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Electoral Litigation ........................................................................................................E -/' Electoral Overview............................................................................... 1
v Frank and Duong v Canada ................................................................................. 4

Referendum Act ............................................................................................................ F
s.69(1 )(g)re: (f)

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5. Electoral Litigation: A decision by the British Columbia Court of Appeal in Henry v. Canada can be issued at any time. This is a Charter challenge to the validity of the voter identification requirements in the Canada Elections Act. Further information is at Tab E3.

Support and Contacts
• You are supported by an office of political staff, which works closely with the Prime Minister's Office and the Government House Leader's Office on democratic reform issues and engaging caucus _and other parliamentarians on these issues. The Privy Council Office provides you with non-partisan advice and support to implement your priorities, including: providing policy advice on democratic reform issues; preparing presentations and Memoranda to Cabinet on democratic reform issues; drafting democratic reform legislation; liaising with Elections Canada officials on democratic reform issues; and preparing drafts of speeches and ministerial correspondence.

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STATUS OF CURRENT DEMOCRATIC REFORM LITIGATION FILES

Case name and court

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Henry et aL v Canada (AG) eta/
B.C. Court of Appeal

• Charter challenge to the new voter identification rules adopted in 2007 with Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act. • Applicants argue that these provisions of the Canada Elections Act breach section 3.ofthe Charter, which guarantees the right to vote. • Charter challenge to the five-year limit on electors' residency abroad to still maintain eligibility to vote by mail at Canadian elections. • Applicants argue that the 5-year limit in the Canada Elections Act is contrary to the right to vote as guaranteed by section 3 of the Charter.

The hearing before the three-judge panel of the Court of Appeal ended on February 5, 2013, and the court reserved its decision.

issued at any time. A notice of appeal can be filed at the Supreme Court of Canada within 60 days after the day the decision is issued.

Frank eta/ v Canada (AG)
Ontario Superior Court of Justice
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The Attorney General's factum is due November 22,2013. A hearing date has been set for

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