On Tuesday the Federal Court issued a finicky ruling that concerns the “fixed” statutory date of the upcoming federal election. The Canada Elections Act contains an algorithm for establishing the date, and everyone was expecting it to fall on the target day, Oct. 21. In 2019, however, this date coincides with a holy day observed by Orthodox Jews called Shemini Atzeret.
It turns out to be the usual, for Canada: slipshod lawmaking plus aggressive judges. When the federal government adopted fixed election dates, the Elections Act was rewritten, as I say, to include an algorithm for determining the date. But lest this calculation lead on some occasion to obvious absurdity or disaster, the chief electoral officer was given an escape mechanism.
Justice McDonald decided not to shift the election date on her own. She merely told the chief electoral officer that he had to provide Aryeh-Bain with better reasons for not shifting it than “I’m not allowed to do so, even though the law says, in an extremely unambiguous way, that I am allowed and in fact required to.”
Dear Ontario judge, what next; the sharia? ridiculous
Separation of church and state isn’t a real thing in Canada anymore. Rituals override elections.
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