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[4]
On June 18, 2019, Associate Chief Justice Gagné of this Court set down the hearing of
[5]
Intervenor status was granted to B’nai Brith of Canada League for Human Rights (B’nai
Brith), which describes itself as an advocate of the Jewish community and as “Canada’s oldest
independent, and self-funded Jewish organization”, established in 1875.
[6]
For the reasons that follow, this judicial review is granted as the overall decision of the
CEO does not demonstrate the hallmarks of transparency, intelligibility, and justification, as it is
not possible to determine if he undertook the necessary proportionate balancing between the
Applicants’ Charter rights and the exercise of his statutory duty.
Background
[7]
Pursuant to the CEA, the 2019 federal election is scheduled to take place on October 21.
The date coincides with the Jewish High Holiday of Shemini Atzeret which begins the evening
of October 20 and ends the evening of October 22. During this period, orthodox observance
involves refraining from numerous activities, including voting and campaigning. Orthodox
Jewish persons are also restricted in what they may ask others to do, as Jewish law forbids
encouraging another Jewish person from doing any work or any prohibited activity on their
behalf. Thus, an orthodox member may not ask anyone to vote or campaign on their behalf on
Shemini Atzeret.
2019 FC 964 (CanLII)
this Application on an expedited basis.