A woman marks her ballot behind a privacy barrier in the riding of Vaudreuil-Soulanges, west of Montreal, on October 19, 2015. A Federal Court judge is ordering the chief electoral officer to take a second look at whether voting day this October needs to be moved because it falls on a Jewish holiday. THE CANADIAN PRESS IMAGES/Graham Hughes

A woman marks her ballot behind a privacy barrier in the riding of Vaudreuil-Soulanges, west of Montreal, on October 19, 2015. A Federal Court judge is ordering the chief electoral officer to take a second look at whether voting day this October needs to be moved because it falls on a Jewish holiday. THE CANADIAN PRESS IMAGES/Graham Hughes

Court orders Elections Canada to review moving voting day over religious worries

Observant Orthodox Jews are not permitted to work, vote or campaign on the current election day

Canada’s chief electoral officer is taking a second look at whether voting day this October needs to be moved because it falls on a Jewish holiday after being ordered by a Federal Court judge to come up with a decision in a matter of days.

Election day can be no later than Oct. 21 under federal law, which this year falls on the Jewish holiday known as Shemini Atzeret. Observant Orthodox Jews are not permitted to work, vote or campaign on that day.

Elections Canada has been lobbied to move the date, but decided against it this close to the start of the election campaign.

At a court hearing last week, complainants argued chief electoral officer Stephane Perrault’s decision was unreasonable.

Justice Ann Marie McDonald’s decision on Tuesday said there was a “lack of evidence” that Perrault balanced the infringement on the charter rights of affected voters against the objectives of the election law.

McDonald ordered Perrault to review his decision and strike that balance, and do so by Aug. 1.

Under federal law, the chief electoral officer can only make a recommendation to cabinet. He doesn’t have the unilateral ability to move the election date.

“Elections Canada will act in a timely manner in accordance with the directions provided by the Court. I will make public my final decision as soon as possible,” Perrault said in a statement.

“Elections Canada remains committed to fostering meaningful opportunities for all Canadians to participate in the federal election.”

In early June, Conservative candidate Chani Aryeh-Bain, who is running in the Toronto riding of Eglinton-Lawrence, and Ira Walfish, a voter in nearby York Centre, asked the Federal Court to intervene, on the grounds Elections Canada failed to take their concerns seriously.

They also argued that scheduled advance polling days are problematic. Three out of four advance voting days — which are held on a Friday, Saturday, Sunday and Monday the week before election day — fall on dates when observant Jews wouldn’t be able to vote.

The confluence of dates “dramatically restricts” the ability of observant Jews across the country to vote and “fully participate in our democracy,” Liberal MP Michael Levitt wrote in a letter to Perrault in mid-April.

Levitt, who represents York Centre, asked Perrault at the time to reconsider the date of the vote because it conflicted with a religious observance, which the chief electoral officer is allowed to do under the election law.

“Very pleased to see decision by Federal Court recognizing implications of the fixed election date/advance polls falling on Jewish holidays and the impact on religiously observant Jewish Canadians,” Levitt wrote on Twitter in response to the decision.

Elections Canada had said that rather than recommend moving election day, it instead had instructed returning officers in ridings with large Jewish populations to conduct outreach and promote extended voting hours — from 9 a.m. to 9 p.m. — at advance polls.

Simon Koffler Fogel, president and CEO of the Centre for Israel and Jewish Affairs, said Elections Canada has taken significant measures to ensure every Jewish voter can cast a ballot.

“We will respect the Chief Electoral Officer’s decision and will continue working closely with Elections Canada to support its efforts to maximize voter participation and inclusion of the Jewish community – which is a cornerstone of democracy,” he said in a statement.

Aryeh-Bain, who observes the holiday, said Tuesday that she hopes Perrault would move the election date to allow her “to compete in this election on an equal footing.”

In a statement, B’nai Brith Canada noted that the scheduling conflict had attracted bipartisan concern, including from Liberal MPs Marco Mendicino, whom Aryeh-Bain is trying to unseat in Toronto, and Anthony Housefather of Montreal. Chief executive Michael Mostyn called the decision a “massive victory for the Canadian Jewish community.”

“The right to vote and run for office is one of the most fundamental rights in Canadian society, and the court was right to find that Elections Canada must give them proper consideration,” Mostyn said.

“We urge the chief electoral officer to act quickly and make the right decision.”

READ MORE: Trudeau’s former right-hand adviser playing role in Liberal election campaign

READ MORE: PM’s official residence becoming a costly ‘debacle,’ say Conservatives

The Canadian Press


Like us on Facebook and follow us on Twitter.

Just Posted

Flora Northwest was taken to the Ermineskin residential school when she was six years old. (Emily Jaycox/Ponoka News)
Ermineskin residential school survivor: ‘It just brings me back to the cries at night’

Discovery in Kamloops of remains of 215 children a painful time for survivors

Police officers and their dogs undergo training at the RCMP Police Dog Services training centre in Innisfail, Alta., on Wednesday, July 15, 2015. Mounties say they are searching for an armed and dangerous man near a provincial park in northern Alberta who is believed to have shot and killed a service dog during a police chase. THE CANADIAN PRESS/Jeff McIntosh
RCMP search for armed man in northern Alberta after police dog shot and killed

Cpl. Deanna Fontaine says a police service dog named Jago was shot during the pursuit

Alberta now has 2,336 active cases of COVID-19, with 237 people in hospital, including 58 in intensive care. (Black Press file photo)
Red Deer down to 73 active cases of COVID-19, lowest since early November

The Central zone has 253 active cases of the virus

File photo
Update: Leduc RCMP request assistance to identify armed robbery suspect

Leduc RCMP are searching for suspect involved in an armed robbery at the Leduc Giant Tiger.

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

A lotto Max ticket is shown in Toronto on Monday Feb. 26, 2018.THE CANADIAN PRESS
No winning ticket sold for Friday’s $70 million Lotto Max jackpot

The huge jackpot has remained unclaimed for several weeks now

Canadian Prime Minister Justin Trudeau is seen during a joint news conference following the EU-Canada Summit, in Brussels, Belgium, Tuesday June 15, 2021. Trudeau says Canada is on track now to have 68 million doses delivered by the end of July, which is more than enough to fully vaccinate all 33.2 million Canadians over the age of 12. THE CANADIAN PRESS/Adrian Wyld
Vaccine deliveries enough to fully vaccinate all eligible Canadians by end of July

Three in four eligible Canadians now have their first dose, nearly one in five fully vaccinated.

Chief Public Health Officer Theresa Tam listens to a question during a news conference, in Ottawa, Tuesday, Jan. 12, 2021. The number of confirmed COVID-19 cases attributed to the highly contagious Delta variant grew in Canada this week. THE CANADIAN PRESS/Adrian Wyld
Canada’s public health agency reports spike in confirmed cases of Delta variant

More than 2,000 cases of the variant confirmed across all 10 provinces and in one territory

The federal government says it wants to ban most flavoured vaping products in a bid to reduce their appeal to youth. THE CANADIAN PRESS/AP-Craig Mitchelldyer
Health Canada proposes ban on most vaping flavours it says appeal to youth

If implemented, the regulations would restrict all e-cigarette flavours except tobacco, mint and menthol

The Montreal Police logo is seen in Montreal on Wednesday, July 8, 2020. Some Quebec politicians are calling for an investigation after a video was released that appears to show a Montreal police officer with his leg on a young Black man’s neck during an arrest. THE CANADIAN PRESS/Paul Chiasson
Probe called for after video appearing to show Montreal officer’s knee on Black youth’s neck

Politicians call for investigation after clip evokes memories of George Floyd incident

Thousands of protesters make their way through the downtown core during a Black Lives Matter protest in Ottawa, Friday June 5, 2020. THE CANADIAN PRESS/Adrian Wyld
MPs’ study of systemic racism in policing concludes RCMP needs new model

Chair of the House public safety committee says it’s time for a reckoning on ‘quasi-military’ structure

A case filled with packages of boneless chicken breasts is shown in a grocery store Sunday, May 10, 2020, in southeast Denver. THE CANADIAN PRESS/AP-David Zalubowski
One million chickens euthanized during labour dispute at Quebec slaughterhouse

Premier says waste amounts to 13 per cent of the province’s chicken production thrown in the garbage

Most Read