Byelections being held now because pandemic risks could get worse: Trudeau

“I’m sure that any candidate running in either one of those byelections feels the same way I do, that these are just not the conditions under which you can have a free, fair and, above all, safe election,” Paul said.

Trudeau said he made the decision to call the votes now because he feared that putting them off could be even more dangerous. 

“We made a determination that moving forward quickly on these byelections was probably the safest thing to do,” he said. 

He said that by law, he had to set the dates for both byelections within six months of the seats being vacated, which for both seats means by the end of February. 

Former finance minister Bill Morneau resigned as Toronto Centre’s MP Aug. 21, and Liberal Michael Levitt stepped down as the MP for York Centre on Sept. 1. 

Toronto reported more than 300 new cases of COVID-19 Friday and the province imposed new restrictions on restaurants, bars, gyms and other public gatherings to try to force people to reduce their in-person activities and slow the spread of the virus. 

The chief electoral officer’s role

Paul says there are low-income and racialized neighbourhoods in Toronto Centre that are among the hardest hit, and asking people to participate in a byelection now is unwise and undemocratic. 

She said people cannot properly engage with potential candidates and may have to put themselves at risk to vote. 

She said Trudeau’s decision not to call the byelections off for now is putting people in danger and contradicts public health advice. 

Under the Canada Elections Act, an election or byelection can be called off if holding it would be impractical due to “flood, fire or other disaster.” 

The chief electoral officer can recommend that an election be postponed — but it’s up to the prime minister and cabinet to make the call to do so once that recommendation has been made.

Elections Canada told CBC News that the chief electoral officer cannot be directed by elected officials to make the determination — that he or she must come to that conclusion independently.

The Governor General would be the one to formally call off an election, on the advice of cabinet.

That power has never been used in Canada, though similar authority has been used at the provincial level. In Prince Edward Island, the vote in one riding during the 2019 provincial election was delayed several weeks after one of the candidates died in the middle of the campaign.

Deciding whether an election is impractical would be based on the safety of voters and poll workers, how many people in a riding are affected, whether it would be hard to get enough poll workers and polling places to run the vote properly, and how long the disruption might last. 

If an election is called off, it would have to be rescheduled within three months — which would mean by late January for the October votes. 

A spokeswoman for Elections Canada chief Stephane Perrault said Friday the agency is monitoring the situation and that he is in contact with public health and local returning officers in both ridings.