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Intervenor Submissions
[45]
B’nai Brith submits that holding an election on a day of religious significance creates a
where the fixed election date conflicts with a day of religious or cultural significance and for
which the CEA has provided discretion to the CEO to recommend another date.
[46]
B’nai Brith posits that the decision of the CEO not to recommend a change to the fixed
election date infringes on the democratic rights of Canadian citizens and undermines the
legitimacy of the democratic process. B’nai Brith argues that holding an election on a day of
religious significance renders the participation of affected citizens less meaningful because it
impairs them: (a) as candidates from campaigning on election day; and (b) as voters from taking
into account information arising late in the campaign.
Charter Provisions
[47]
In their amended Notice of Application, the Applicants claim that their Charter rights
under the following sections are at stake:
2. Everyone has the following
fundamental freedoms:
(a) freedom of conscience
and religion;
2. Chacun a les libertés
fondamentales suivantes
a) liberté de conscience et
de religion;
[…]
[…]
3. Every citizen of Canada has
the right to vote in an election
of members of the House of
Commons or of a legislative
3. Tout citoyen canadien a le
droit de vote et est éligible aux
élections législatives fédérales
ou provinciales.
2019 FC 964 (CanLII)
disenfranchising barrier. They argue that advanced polling is not a sufficient accommodation