Wednesday 24 July 2019

Federal court orders review of election date that coincides with Jewish holiday

https://twitter.com/DavidRayAmos/with_replies





Replying to and 49 others
How about barring a candidate from parliamentary properties?

Methinks folks should read the decisions related Federal Court File No T-1557-15 N'esy Pas? 



https://davidraymondamos3.blogspot.com/2019/07/federal-court-orders-review-of-election.html





https://www.cbc.ca/news/politics/federal-court-orthodox-jewish-1.5222279





Federal court orders review of election date that coincides with Jewish holiday




2845 Comments
Commenting is now closed for this story.



Herbert Marcuse
Our elections should never be tampered with on the basis of some religion. Appalling.


Adam Gajewski
Reply to @Tony Butler:
Your long wordy reply is a priceless example of spin and a doublespeak. George Orwell would be impressed



David Amos
Reply to @Adam Gajewski: Methinks many folks got bored by it and did not bother to read it all N'esy Pas?


David Amos
Reply to @Adam Gajewski: How about barring a candidate from parliamentary properties?

Methinks folks should read the decisions related Federal Court File No T-1557-15 N'esy Pas?


Mike Hayley
Reply to @David Amos: Enough with the " N'esy Pas?" already!


Bill Dixon 
Reply to @David Amos: Do you understand that "N'esy Pas" means absolutely nothing?


David Amos
Content disabled
Reply to @Bill Dixon: Methinks snobby Anglos do not understand Chiac as spoken by a Chief of a certain Clan who often runs for public office in Fundy Royal N'esy Pas?

https://www.cbc.ca/news/canada/new-brunswick/fundy-royal-riding-profile-1.3274276



David Amos 
Reply to @Mike Hayley: Methinks you should have read my lawsuit before you insulted my Chiac N'esy Pas? 
 

Brian Brahilly
Reply to @David Amos:
Now I'm confused. I speak French, but have no idea what you're saying.



David Amos  

Content disabled
Reply to @Brian Brahilly: Google Chiac

Methinks you liberal and conservative critics should go to Federal Court and read file # T-1557-15 of my lawsuit. Trust that is a far more serious issue than the one this article is about.

FYI Its written in English only just like the VERY Illegal Barring Document I got from the Crown while I was running for a seat in Parliament N'esy Pas?









David Sampson
The Jewish religion celebrates 33 days of religious holidays each year second only to the Hindu faith which celebrates 39 days. We simply can’t schedule secular elections around religious holidays, it’s madness given advance polls and on-line voting. Stop this craziness. 



David Amos
Reply to @David Sampson: Methinks the lady doth protest too much She had to have known of the election date long before she wished to be nominated by her party and endorsed by Mr Scheer N'esy Pas?












Colin Smith
Silly with advanced polling vote then. Simple. Why waste court dollars on stupidity.


David Amos
Reply to @colin smith: I concur











Larry Mackenzie
It's not a stat holiday, too bad, cast your ballot, you'll survive.


David Amos 
Reply to @Larry Mackenzie: YUP











Bernie Hopkins
This will be the nail in the coffin for religious rights in Canada. The fact that a federal court judge would consider this petty issue will make many Canadians strict secularists.


Eugene Eklund
Reply to @Mitchell Gant: Especially since it was his party that passed the law for set election dates.


David Amos 
Reply to @Eugene Eklund: Oh So True













Henry Hawkyns
Seriously? This is taking political correctness too far. 


David Amos
Reply to @Henry Hawkyns: WAY too Far 










Marguerita Cruz
I don't recall any passage from the Bible, Quran, Vedas, Torah, so on saying something along the lines you shall not VOTE in these days  


Stephen Green
Reply to @Marguerita Cruz: Of course in those days, not certain the populace had any option of the 'vote'? In today's context, religion should not have anything to do with religion, period relative to elections.


ItsMyIsland
Reply to @Marguerita Cruz:
Romans 13:1-2 says: "Obey the government, for God is the One who has put it there. There is no government anywhere that God has not placed in power. So those who refuse to obey the law of the land are refusing to obey God, and punishment will follow."



Marguerita Cruz 
Reply to @ItsMyIsland:
The "NOT" was important in my post above :]



David Amos
Reply to @Marguerita Cruz: Methinks some folks refuse to read and employ common sense for political reasons N'esy Pas?











Jeremy Kemp
There is no need to change the election date there are numerous days to vote prior to the election.


Ryan Benson 
Reply to @Jeremy Kemp: grandstanding is all it is.


David Amos 
Reply to @Ryan Benson: YUP










Jean Bosson
Good grief, thank nothingness that I'm atheist.


Mike Poska
Reply to @Jean Bosson: Good one


David Amos 
Reply to @Mike Poska: I agree










Sydney Mines
Ah, religion. What can you say about it.

Another reason to go secular.



David Amos 
Reply to @Sydney Mines: Exactly 
 

David Amos 
Reply to @Sydney Mines: Interesting name Who is your daddy? 



Federal court orders review of election date that coincides with Jewish holiday

Chani Aryeh-Bain said Oct. 21 federal election conflicts with Shemini Atzeret




The Federal Court has ordered the chief electoral officer to review his decision to not recommend a change in the scheduled federal election date — October 21 — which coincides with a Jewish holiday.

Orthodox Jewish candidate Chani Aryeh-Bain, who is running for the Conservatives in the Toronto-area riding of Eglinton-Lawrence, and Ira Walfish, an Orthodox Jewish political activist, said Elections Canada's Stéphane Perrault did not properly consider their rights under the Charter of Rights and Freedoms.

"... This judicial review is granted as the overall decision of the CEO does not demonstrate the hallmarks of transparency, intelligibility and justification, as it is not possible to determine if he undertook the necessary proportionate balancing between the applicant's charter rights and the exercise of his statutory duty," says the Federal Court ruling.



The current election date coincides with the Jewish holiday of Shemini Atzeret, which begins Oct. 20 and ends Oct. 22. Aryeh-Bain argued that during the holiday, observant Orthodox Jews must refrain from a number of activities — including voting and campaigning — and cannot ask others to work for them.

According to the judgment, the Oct. 12 advance polling day conflicts with the Sabbath, while the Oct. 14 advance polling day coincides with the festival of Sukkot, a Jewish holiday.The CEO's efforts were focused on advance polling and special ballot options. No consideration appears to have been given to recommending a date change.


"Elections Canada will act in a timely manner in accordance with the directions provided by the Court. I will make public my final decision as soon as possible," Perrault said in a statement Tuesday after the judge's decision was released.

"Elections Canada remains committed to fostering meaningful opportunities for all Canadians to participate in the federal election."

Aryeh-Bain said that, aside from preventing her from participating on voting day itself, the current federal election date will negatively affect her campaign. Eglinton-Lawrence has about 5,000 Orthodox Jewish voters and in the last three federal elections it was decided by 2,000 to 4,000 votes.
The chief electoral officer does not choose the election date and cannot change it once it has been set — but can recommend to cabinet that the election date be moved.

Perrault wrote to Aryeh-Bain in May saying that he was made aware of the issue through the Centre for Israel and Jewish Affairs as early as August 2018 and assured it that steps were being taken to ensure voter accessibility.
Federal Court judgment
"I believe that Elections Canada is in a position to ensure that all voter services and candidate services can be carried out in advance of the Jewish High Holy Days. As such, I could not argue that we will not be able to deliver on our mandate," Perrault wrote in a letter to the CIJA.

B'nai Brith Canada, a Jewish advocacy group which was an intervener in the case, argued that holding a federal election on a religious holiday infringes on the democratic rights of Canadians and undermines the democratic process.

The judgment supported those claims and criticized Perrault's decision, saying he did not adequately consider how the election date affected a date of religious significance and how that might infringe upon voters' and candidates' rights under the Charter of Rights.

August 1 deadline


"The record does not indicate how or if the CEO 'balanced' these considerations against the Charter values of Orthodox Jewish voters and candidates to ensure their rights to 'meaningful participation' are respected," the judgment reads.

"The CEO's efforts were focused on advance polling and special ballot options. No consideration appears to have been given to recommending a date change."

The judgment says Perrault must reconsider his decision in a way that "reflects a proportionate balancing of the Charter rights with the statutory mandate."

According to the Canada Elections Act, Perrault has until Aug. 1 to make a date change recommendation to cabinet in order to leave enough time for the election date to be moved.

Shimon Koffler Fogel, president of the CIJA, said he respects Perrault's decision but would keep working to ensure "every Jewish voter can cast their ballot."

"We respect the democratic and judicial process that has led to today's ruling. Changing the date at this stage entails considerable logistical and financial implications," Fogel said.

"We will respect the chief electoral officer's decision and will continue working closely with Elections Canada to support its efforts to maximize voter participation and inclusion of the Jewish community – which is a cornerstone of democracy."

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