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.

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