Page: 13
standard of justification, transparency, and intelligibility are still applicable (Dunsmuir at para
[37]
Thus, an administrative decision will be reasonable if it reflects a proportionate balancing
of the Charter protection with the statutory mandate (Doré at para 7 and Loyola at para 32).
Analysis
Applicants’ Position
[38]
Ms. Aryeh-Bain argues that as a candidate for federal office she is denied meaningful
participation in the election contrary to sections 3 of the Charter because the current election
date restricts her and her campaign team from participating in campaigning in the lead-up to the
election and participating on election day.
[39]
Mr. Walfish argues that as a voter his section 3 Charter rights are also infringed because
he is prohibited from voting or volunteering on election day as it falls on Shemini Atzeret. He
also points out that all observant Jewish voters are in a similar predicament and therefore they do
not have the same rights of meaningful participation as other voters.
[40]
The Applicants argue that in the circumstances their Charter rights of religious freedom
under paragraph 2(a) and equality under section 15 are also infringed, and that special ballots and
advanced polling opportunities do not remedy these infringements.
2019 FC 964 (CanLII)
47).