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 but 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 general 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 in the riding of York Centre.

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.

“Maybe it would not be optimal, but nobody says that snap elections are unfair or undemocratic,” Walfish said.

And 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.

While Orthodox and other observant Jews will be able to vote in advance polls or by voting through special ballot, the Jewish 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.

Share your thoughts:

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 Stephane Perrault's decision today,” Aryeh-Bain 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.

Loading... Loading... Loading... Loading... Loading... Loading...

“Hope (Perrault) nevertheless engages meaningfully with the community to ensure maximum access to the polls is made possible,” Mendicino tweeted.

Michael Mostyn, the chief executive officer of B’nai Brith Canada, which had intervener status in the court case, called Perrault’s decision “unreasonable.” But with little chance now of moving this year’s election date, 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.”

“The effect of the decision is to put observant Jews to the choice of abandoning their faith or their right to vote. This is not a fair or meaningful choice,” the application stated.

In his response released Monday, Perrault said “there is no such thing as a perfect election day, especially in a country as diverse as Canada.

He said that moving election day by even a week would jeopardize work to organize 16,000 locations across the country to serve as polling stations, a “critical” consideration when assessing whether to move the date.

He said that Orthodox Jews live predominantly in 36 urban ridings and that efforts have been underway since April to highlight means of voting other than on election day.

“It is my opinion that Elections Canada can fulfil its mandate of ensuring a genuine opportunity for observant Jewish electors to participate in the electoral process by providing them with, and informing them about, the opportunities to vote ahead of election day.” Perrault said.

He said the targeted outreach would continue as election day approaches, including dedicated community relations officers to reach out to Jewish organizations, synagogues and community centres.

Perrault did concede that, for observant Jewish candidates such as Aryeh-Bain, the impact of not moving the election date is “very significant” and puts her at a disadvantage.

“Other than moving the date of the election, no arrangement can be made that would truly allow her to meet her religious obligations and compete on equal terms with nonobservant candidates,” he said.

“This is a difficult situation that directly touches upon the very core values of our democracy.”