Page: 11
[29]
The CEO’s response then goes on to describe the range of early voting opportunities that
are available in advance of election day. The CEO did not address Ms. Aryeh-Bain’s specific
[30]
On May 30, 2019, the CEO responded to CIJA’s second letter as follows:
Following much consideration on the matter of recommending a
change in the election date to Cabinet, I want to let you know that I
am not ready to make that recommendation this close to the start of
the election. I believe that Elections Canada is in a position to
ensure that all voter services and candidate services can be carried
out in advance of the Jewish High Holy Days. As such, I could not
argue that we will not be able to deliver on our mandate. With
regard to the balance of opportunity for Jewish and non-Jewish
candidates, the Jewish High Holy Days fall within the election
campaign period whether election day is held on October 21 or
October 28. A change of the election date would affect the timing
of the days of restricted activity, but not the duration.
[31]
On June 4, 2019, the CEO responded by letter to Rabbi Moshe Mordechai Lowy and
stated in part as follows:
Your letter notes that I, as the CEO, have the discretion to move
the date of the election. I wish to point out that this power is
limited to making a recommendation to Cabinet, rather than to
unilaterally move the election date. Following much consideration,
I am not ready to make that recommendation this close to the start
of the election….
The decision not to recommend moving the election date takes into
account a wide range of operational matters such as: the
availability of suitable polling places (given that a polling place
accessibility review has been completed for over 150,000 polling
places); the employment of field staff for an additional week in
338 ridings; and the extension of all related contracts for field
services by one week.
[32]
The CEO provided similar responses to the various other requests he received.
2019 FC 964 (CanLII)
concerns as a candidate or the Charter issues she raised.