A voter walks past a sign directing voters to a polling station for the Canadian federal election in Cremona, Alta., Monday, Oct. 19, 2015. Canada’s chief electoral officer says voting day this fall should not be moved. Election day can be no later than Oct. 21 under federal law, which this year falls on the Jewish holiday known as Shemini Atzeret, meaning Orthodox Jews are not permitted to work, vote or campaign. THE CANADIAN PRESS/Jeff McIntosh

Chief electoral officer decides to stick with voting day amid religious concerns

Election day falls on Shemini Atzeret, a day on which Orthodox Jews are not permitted to work, vote or campaign

Canada’s chief electoral officer says voting day this fall should not be moved, despite the fact that it falls on a Jewish holiday.

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

Elections Canada had been lobbied to change the date, but decided against it this close to an election, prompting a Federal Court challenge to the decision.

Last week, the court ordered chief electoral officer Stephane Perrault to take a second look at the decision and balance the infringement on the charter rights of affected voters against the objectives of the election law.

Perrault’s detailed decision, made public Monday, considered the impact on observant Jews and his mandate “to ensure accessible voting opportunities for all Canadians.” But he concludes it would not be in the public interest to reschedule the vote.

Since no change is recommended, the federal cabinet is not required to sign off on Perrault’s decision. 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.

“This is a difficult situation that directly touches upon the very core values of our democracy,” Perrault wrote in his decision.

“I nevertheless believe, when considering the entirety of my statutory mandate, and especially at this time in the electoral calendar, that it is not in the public interest for me to recommend a change to the date of the general election.

“This is not a decision that I make lightly, but with a view to providing the broadest possible range of accessible voting services to the population at large.”

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, argued in Federal Court that the overlap of dates meant that Aryeh-Bain, in particular, wouldn’t be able to run a campaign on equal footing to her competitors.

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.

Their concerns drew cross-party concerns, with Liberal incumbents Michael Levitt, who represents York Centre, and Marco Mendicino, who Aryeh-Bain is challenging, siding with the complainants.

There was a recommendation that election day be moved to Oct. 28, but Perrault noted that would coincide with municipal elections in Nunavut. He also wrote that 13 school boards hosting polling stations had agreed to make Oct. 21 a professional development day with no classes, and few were willing to make a change to the following week.

Perrault wrote that Elections Canada will continue to do outreach to the Jewish community in affected ridings to find other ways to help them vote.

Orthodox Jews are primarily in 36 of 338 federal ridings, most of them in urban areas.

“There is no such thing as a perfect election day, especially in a country as diverse as Canada. There are always Canadians who are unable to vote on election day,” Perrault wrote.

“I recognize that maintaining October 21 as election day means that observant Jewish electors will have to vote in one of these alternative ways. They nevertheless have a genuine opportunity to participate in the electoral process.”

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

READ MORE: At least 20 people donated max to both Liberals and Conservatives in 2018

Jordan Press, The Canadian Press


Like us on Facebook and follow us on Twitter.

Just Posted

Affordable housing project sees completion

“We’re pleased we’re going to be starting off with pretty much full occupancy.”

Back in Time

Historical Perspective

Only in Canada, Eh?

Zamboni navigates the roundabout

Shamanic dog training comes to Clearwater

The Shamanic Dog Training Retreat helps owners teach with trust, understanding and freedom

Trudeau vows to stand firm against ‘increasingly assertive’ China

China has accused Canada of meddling in its affairs

New police force in Surrey must avoid VPD, RCMP errors made in Pickton case: Oppal

Boots are scheduled to be on the ground by spring 2021

B.C. music teacher accused of sexual misconduct involving girls

Police believe other victims could be out there after the arrest of Lamar Victor Alviar

B.C. family stranded in Croatia desperate to come home

Funds being raised to bring back mom and two children

B.C. man tells judge he attempted suicide a month before daughters’ murders

Andrew Berry takes stand in his defense for December 2017 deaths of young daughters

‘Plenty of time for a deal’: Teachers’ union expects kids back in school on Sept. 3

BCTF says class size, composition at the heart of the issue

Province funds new shuttle buses for 13 B.C. senior centres

Activity, socializing helps maintain health, Adrian Dix says

Thermal imaging cameras eye Salish Sea in hopes of better detecting whales

Cameras installed at BC Ferries’ terminal on Galiano Island, and off southern Gulf Islands

BREAKING: Province approves Surrey police force

Minister of Public Safety Mike Farnworth green-lights city’s municipal police force

Most Read