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Lawyers for Elections Canada dismissed accusations that the concerns of Jewish voters have been ignored or that the decision to keep the election date was made without regard to the Charter rights of voters.

The concern “didn’t fall on deaf ears,” said Ewa Krajewska, a lawyer for Elections Canada.

“He is being mindful and put a plan in place to protect those Charter rights. He is taking active steps to mitigate the risks.”

Instead, she said, Perrault is working with the Jewish community to inform voters of alternatives to election day voting, such as the use of special ballots — often used by Canadian Forces members posted abroad and prison inmates — and adding staff for advance voting in communities with large Jewish populations.

“There is no such thing as a perfect election and there is no such thing as a perfect polling date,” Krajewska said. Whatever date that election day is called for, someone will be unavailable or upset by it.

There is no such thing as a perfect polling date

For example, the new date proposed in the court challenge conflicts with municipal elections in Nunavut, she said.

“The right to vote is not an individual right to vote on election day. It is not that narrow,” said Krajewska.

In response, Bienenstock pointed out that little has been said of how to repair the impingement on Aryeh-Bain’s ability to campaign.

It is particularly concerning, Bienenstock said, because her riding is expected to be a close race. It has flip flopped between Conservatives and the Liberals in recent elections and the Liberals won the seat last time by just 3,490 votes.

She said not changing the date could bring the election process into disrepute if the vote is close, either way, with voters wondering what might have been if it had been held on a different date.

Justice Ann Marie McDonald reserved her decision.

McDonald said because of the urgent need to have the election date settled, she will deliver her ruling as soon as possible.

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