Oct. 21 election a go, despite religious conflict
Conservative hopeful, Orthodox Jews displeased with ruling
OTTAWA — Elections Canada is sticking with Oct. 21 — a Jewish holiday — as the date for the federal election, but is vowing to work with the Jewish community to highlight other ways that observant Jews unable to vote that day can cast a ballot.
The decision not to delay the vote means thousands of observant Jews will be left on the sidelines on election day, unable to vote on the day itself and also unable to help with election campaigns or assist at polling stations.
Stéphane Perrault, the chief electoral officer of Canada, rejected calls to delay the vote by a week, saying any changes at this late stage would disrupt Elections Canada’s carefully laid plans for the fall election.
Perrault said Monday that it is not in the “public interest” to change the date of the election.
“This is not a decision that I make lightly, but with a view to providing the broadest possible range of accessible voting services to the population at large,” he said. “I am committed to continuing to work with the Jewish community to maximize voting options within the existing calendar in ways that are convenient and consistent with their religious beliefs.”
Federal legislation had set the date of the next federal election for Oct. 21. This year, that coincides with the Jewish holiday of Shemini Atzeret, a day when Orthodox Jews are not permitted to work or vote. Four advance polling days also fall on Jewish holidays or the Sabbath.
Two Toronto residents went to court to challenge the timing of the vote. On Monday, they voiced disappointment and frustration with Perrault’s decision, saying that logistical considerations appear to have trumped religious rights and the ability of observant Jews to fully participate in the fall vote.
“It’s not the right result,” said Ira Walfish, an Orthodox Jew who lives York Centre riding.
He challenged Perrault’s claim that switching the date now would be difficult, noting that the possibility of a snap election always exists in Canada’s parliamentary system, a scenario that Elections Canada always has to be ready for.
Although Perrault now says it’s too late to make changes, concerns around the Jewish holiday were flagged to Elections Canada last year but nothing was done, Walfish said.
Orthodox and other observant Jews will be able to vote in advance polls or by voting through special ballot, but the holiday means they won’t be able to participate in activities on election day itself, either as campaign volunteers or scrutineers.
For Chani Aryeh-Bain, an Orthodox Jew running as the Conservative candidate in Eglinton-Lawrence, it means she won’t be able to do any work to help voters to the polls.
Aryeh-Bain, who joined the court challenge with Walfish, called it a “sad day for religious minorities living in Canada.”
The application to the Federal Court sought to delay the election by a week to Oct. 28. Last week, Justice Ann Marie McDonald ordered Elections Canada to review its decision.
“We are extremely disappointed with Stéphane Perrault's decision today,” AryehBain said in an email to the Star. “It is mystifying as to how Perrault can come back with the same decision he had prior to the case being heard in court.”
Marco Mendicino, the Liberal incumbent in Eglinton-Lawrence, called Perrault’s decision “regrettable” on Twitter.
“Hope (Perrault) nevertheless engages meaningfully with the community to ensure maximum access to the polls is made possible,” Mendicino tweeted.
Michael Mostyn, chief executive officer of B’nai Brith Canada, which had intervener status in the court case, called Perrault’s decision “unreasonable.” He said the organization would be working with Elections Canada and the political parties to avoid a repeat in the future.
He said legislation gives the electoral officer discretion to schedule election dates to avoid conflicts with dates that have cultural or religious significance. “If the election date got moved a week or two ... we would avoid this altogether,” Mostyn said in an interview.
The court application said that the some 75,000 Orthodox Jews in Canada would be “significantly restricted in their ability to participate in the electoral process.”