Page: 10 CEO’s Decision [26] In the Applicants’ amended Notice of Application they seek judicial review of “the the federal general election be changed from Monday, October 21, 2019 to Monday, October 28, 2019.” [27] The CEO has maintained that “Elections Canada does not choose the date of the election” and “the CEO cannot now recommend a change in the date of the election”. These positions are outlined in the communications from the CEO. Those relevant to this judicial review are outlined below. [28] By letter to Ms. Aryeh-Bain on May 7, 2019, the CEO responded to her request to change the election day by stating in part as follows: Thank you for your email dated April 18, 2019, regarding observance of Jewish holidays during the next federal general election. It is unfortunate that election day, October 21, 2019, falls on Shemini Atzeret. We thank you for raising the fact that observance of this holiday would preclude electoral participation on that day and may have an impact on your experience as a candidate. Elections Canada does not choose the election dates. The Canada Elections Act provides for a general election to be held on a fixed date. That being said, the government can call a snap election at any time. We were made aware of this issue in August 2018 by the Centre for Israel and Jewish affairs (CIJA). During our engagement with them since that time, we have discussed ways to ensure that the next general election will be as accessible as possible to electors who may not vote on election day in observance of Jewish holidays. 2019 FC 964 (CanLII) decision of the CEO not to recommend to the Governor in Council (GIC) that the polling date for

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