Post-October 14th General Election
[20] Following the election, the Commission referred the subject-matter of the Complaint
to the Tribunal on December 29, 2008. EC commissioned architect and accessibility
expert Robert Topping to do an on-site inspection of St. Basil's Church and report on
certain accessibility issues in March 2009. Mr. Topping's report was tendered as an
exhibit and he gave opinion evidence as well at the hearing in October 2009. He outlined
some of the problems with the St. Basil's facility from a barrier-free perspective. As a
result of Mr. Hughes' Complaint, Mr. Topping's report, the steepness of the incline and
better alternative locations in the area, prior to the hearing Mr. Roussel, in his affidavit,
indicated that EC would no longer use St. Basil's Church as a polling location,
notwithstanding some of its "significant advantages" (e.g., parking, community use and
prior election use). Mr. Roussel did not know if an alternative site had been chosen, as of
the hearing.
VIII. EC: ITS STRUCTURE, ROLE AND ACCESSIBILITY WORK
[21] Michel Roussel's witness statement and his viva voce evidence thoroughly described
EC's structure, role and work done regarding accessibility matters. At the apex of EC is
the Chief Electoral Officer of Canada ("CEO"), who is an officer of Parliament. There are
senior managers below the CEO, including Mr. Roussel. EC's national office in Ottawa is
responsible, among other things, for general policies and training of election officials and
the overseeing of federal electoral events (general elections, by-elections and
referendums). There is also an independent Commissioner of Canada Elections to ensure
compliance with, and recommend if necessary, prosecutions of violations of, the CEA.
[22] Canada has 308 electoral districts, also known as ridings or constituencies, which
vary in physical size and population. The largest riding is Nunavut (20% of the land mass
of Canada). By contrast, the City of Toronto contains 22 electoral districts. Each district
has a RO, appointed by the CEO. The RO is responsible for the preparation and conduct
of an electoral event in his/her electoral district and oversees its execution. Below the RO
is an assistant returning officer. Both of these officials are permanent officers and
continue their work between elections. Below them are numerous part-time and full-time
temporary officials - the deputy returning officer, central poll supervisors, poll clerks, etc.
[23] Each district has polling locations or sites and within them, polling stations. Toronto
Centre electoral district had 75 polling locations (St. Basil's being one of them) with 271
stations. Country-wide, in the 2008 general election, there were over 20,000 polling
locations, 63,000 polling stations, and over 200,000 temporary officials. This presents a
formidable organizational and logistical challenge to EC, as much work can only be
done, according to its governing statute, once the writ is dropped and an election is
called. This includes the hiring of most of these 200,000 employees and the signing of
2010 CHRT 4 (CanLII)
himself. With assistance, he entered via entrance #2, voted and left the same way. Mr.
Hughes averred that he was quite upset that, notwithstanding his verbal and written
complaints to EC some seven months earlier and his June 2008 Complaint to the
Commission, EC had not remedied the problem by providing a barrier-free polling
facility to exercise his important democratic right to vote. He thought, at best, EC was
incompetent; at worst, wilful or bad intentioned.