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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