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Overview
[1]
The Applicants, Ms. Aryeh-Bain and Mr. Walfish, are Orthodox Jewish Canadians who
exercise his discretion to recommend a change in the date of the federal general election
scheduled for October 21, 2019 (also referred to as election day or polling day). They argue that
the CEO has not properly considered their rights under the Canadian Charter of Rights and
Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK),
1982, c 11 [Charter].
[2]
Ms. Aryeh-Bain is an Orthodox Jewish political candidate who has been nominated in the
electoral district of Eglinton-Lawrence, and Mr. Walfish is an Orthodox Jewish political activist
and voter. They argue that the date of the upcoming federal election of October 21, 2019,
conflicts with the Jewish High Holiday of Shemini Atzeret.
[3]
The CEO’s powers and duties are outlined at section 16 of the Canada Elections Act, SC
2000, c 9 [CEA] and provide that the CEO shall exercise general direction and supervision over
the conduct of elections; ensure fairness and impartiality in compliance with the Act; and
exercise the powers and perform the duties and functions necessary for the administration of the
Act. In fulfilling this mandate, the CEA specifically provides that the CEO may recommend to
change the polling day if, for example, it conflicts with a day of cultural or religious significance
(section 56.2).
2019 FC 964 (CanLII)
seek judicial review of the decisions of the Chief Electoral Officer (CEO), who refused to