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[17]
On April 14, 2019, Ms. Aryeh-Bain won the Conservative Party nomination and was
immediately concerned about the impact of the election date with Shemini Atzeret, and the effect
it would have on her campaign. On April 18, 2019, she sent an email to the CEO expressing
these concerns and requested that the election date be moved to October 28, 2019. In her email
she also raised concerns about her Charter rights, as follows:
Having Jewish candidates and voters disadvantaged this way runs
contrary to their right to equality under the Charter of Rights and
Freedoms.
[18]
On May 15, 2019, Rabbi Moshe Mordechai Lowy of Vaad Harabonim wrote to the CEO
with respect to an unnamed observant Jewish candidate (presumably referencing Ms. AryehBain) who would be severely restricted in the ability to campaign starting from Sunday, October
13 due to religious restrictions.
[19]
On May 17, 2019, CIJA sent another letter to the CEO explaining that although
discussions to date had been focused on reasonable accommodations of Orthodox Jewish voters,
after consultation with several rabbinic authorities, they requested that urgent consideration be
given to moving the election day to October 28, 2019.
2019 FC 964 (CanLII)
We have decided that we will continue to work with the Jewish
community at the national and local level as opposed to moving
polling day to the following Monday Oct 28th. The rational [sic] is
that our work with the community to date indicates they are happy
to work with Elections Canada to ensure all voting options are
explored and electors made aware of these options.