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FEDERAL COURT DOCKET: T-948-19 STYLE OF CAUSE: CHANI ARYEH-BAIN ET AL v THE CHIEF ELECTORAL OFFICER OF CANADA PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: JULY 16, 2019 AMENDED JUDGMENT AND REASONS: MCDONALD J. DATED: JULY 26, 2019 APPEARANCES: Yael Bienenstock Jeremy Opolsky Stacey Reisman FOR THE APPLICANTS Ewa Krajewska Christine Muir FOR THE RESPONDENT Colin Feasby Thomas Gelbman Carly Fidler FOR THE INTERVENOR SOLICITORS OF RECORD: Torys LLP Barristers and Solicitors Toronto, Ontario FOR THE APPLICANTS Borden Ladner Gervais LLP Barristers and Solicitors Toronto, Ontartio FOR THE RESPONDENT Osler, Hoskin & Harcourt LLP Barristers and Solicitors Calgary, Alberta FOR THE INTERVENOR 2019 FC 964 (CanLII) SOLICITORS OF RECORD

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Aryeh Bain v. Chief Electoral Officer

Judgment

Question Presented: Whether setting election day as a Jewish holiday violates the right to vote?

Alleged Acts: The applicants in this case are devote Orthodox Jew political candidates who argue that the Chief Electoral Officer abused his discretion in recommending modifying the election date, October 21, 2019, when said date fell on the Jewish High Holiday of Shemini Atzeret. Orthodox observance of the holiday includes refraining from both voting and campaigning. Thus, both Orthodox Jew voters and candidates will be have to refrain from voting and/or campaigning. Further, the advanced polling days also both fall on Jewish holidays.

Procedural history: Ms. Aryeh-Bain won the nomination and immediately informed the Chief Electoral Officer (CEO) of the date’s conflict and possible Charter violations. Several other individuals from the Jewish community indicating that the election date would interfere with the Jewish communities ability to exercise their voting rights. On June 18, 2019 the Court permitted the case be heard on an expedited basis.

Summary: Section 56.2 states that the CEO may recommend change of the polling day if it conflicts with cultural or political beliefs. Further, the Charter also states that candidates and voters must have the ability to “meaningfully participate.” The CEO’s failure to address the Charter concerns and weigh the rights of individuals leave the court unable to address the strength of the CEO’s argument. Thus, the CEO’s determination is not justifiable, transparent, and intelligible.

Conclusion: It is not the role of the Court to set a new election date. The case is sent back to the CEO to make a determination that effectively and fairly balances the Charter rights of the Jewish community.

Legal Issue(s)

Elections as a Fundamental Right
EMB Operation

Region: Americas

Country: Canada

Language of Decision

English

Court: Appellate Court

Election Type: General

Date of decision: Jun 26, 2019

Geolocation

Latitude: 45.42663839

Longitude: -75.81085498

: Geolocation

Primary Documents

Aryeh-Bain v. Chief Electoral Officer.pdf
English
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Election Judgments - IFES

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Aryeh Bain v. Chief Electoral Officer

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