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

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

Yoga with Goats instructor Samantha Richardson gets some attention from one of the goats while stretching on her mat June 15 at O’Keefe Ranch. (Jennifer Smith - Morning Star)
Yoga gone to the goats at North Okanagan ranch

Get your downward dog on with some four-legged friends at O’Keefe

With high temperatures forecasted for the week and into the next, Interior Health is offering some tips on how to keep yourself safe from heat-related illness. (Pixabay)
Interior Health offers safety tips as temperatures soar

‘Too much heat can be harmful to your health’

Central Okanagan Public Schools (File photo)
COVID-19 exposure identified at West Kelowna school

The site of the exposure has been identified as Shannon Lake Elementary School

A West Kelowna man was seriously injured in a single-vehicle collision early on Tuesday morning. (Black Press file photo)
Single vehicle collision seriously injures West Kelowna man

The man was driving a pickup truck that went off the road and caught on fire

(Pixabay photo)
Morning Start: Cheetahs can’t roar

Your morning start for Tuesday, June 22, 2021

Teenagers make their way to Truswell Road after a party is broken up by police at the end of Mission Creek (Lorraine Besner/Contributed).
Kelowna residents concerned about ongoing alleged underage beach parties

Public urination, property damage, drinking and drug usage have become weekly concerns

Point Roberts is part of the mainland United States but not physically connected to it, to reach the community by land one must pass through Canada. THE CANADIAN PRESS/Darryl Dyck
Closed Canadian border leaves Point Roberts’ only grocery store on verge of closure

‘We’re Americans but we’re not attached to America. It’s so easy to forget we’re here,’ says owner Ali Hayton of Point Roberts, Wash.

Mayla Janzen and Ashley Hoppichler, with her daughters Lily and Sophia, are bringing a Friday evening market to Polson Park, starting July 2. (Jennifer Smith - Morning Star)
Entrepreneurs craft up Vernon night market

Friday evening Polson Park event to take place throughout the summer

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Splatsin Chief Wayne Christian and Tina William lead the Every Child Matters March in Enderby Monday, June 21. (Lyndsey Leon photo)
Hundreds march with Splatsin in Enderby for #215

300 orange-shirt wearing people of all backgrounds turned out in support

Wade Cudmore, seen here with his mother Kathy Richardson, had his first court appearance in relation to first degree murder charges in the deaths of Erick and Carlo Fryer Tuesday, June 22, 2021. (Kathy Richardson/Facebook)
Man charged in Naramata double homicide appears in Penticton court

Wade Cudmore appeared for the first time in relation to first degree murder charges

Robin Sanford and her fiance Simon Park were married in an impromptu ceremony at Abbotsford Regional Hospital on June 16. (Submitted photo)
Mom dies day after witnessing daughter’s hospital wedding in Abbotsford

Nurses help arrange impromptu ceremony in 3 hours for bride and groom

B.C. Finance Minister Selina Robinson with Premier John Horgan after the budget speech Tuesday, April 20, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. home owner grant won’t be altered, despite expert advice

Tax break for residences worth up to $1.6 million too popular

B.C. conservation officer Sgt. Todd Hunter said a black bear is believed to have killed local livestock. (THE NEWS/files)
Black bear believed to have killed miniature donkey in Maple Ridge

Trap set for predator that has been killing livestock

Most Read