[28] Mr. Roussel also gave evidence that ROs rely on existing information in the
database for their pre-election writ plan of which polling locations to use. He said that
due to the time constraints once the election has been called, ROs do not have the time to
conduct an onsite visit of each location. No doubt that is why ROs are trained to "[S]elect
suitable polling sites well in advance [of the election being called]." In the RO Manual at
p. 12, a chart divides the RO's tasks into "Before, During and After Electoral Events". In
the "Before" column for the task dealing with polling stations, it says, inter alia: "Visit
potential polling sites" and "Evaluate the accessibility of potential locations".
[29] In most cases, they confirm the availability with landlords by phone once the writ is
issued. Perhaps ROs should confirm with the landlords at that time the accessibility
features of the polling locations and their operation during the electoral event (e.g., that
accessible entrances will be open).
Accessibility: What Has EC Done in General?
[30] As expert witness Robert Topping testified, there have been many advancements in
technology and attitudes regarding barrier-free design and accessibility since the 1980s.
EC has gone a long way in ensuring barrier-free access in federal elections. This was
recognized specifically by the Tribunal in Canadian Paraplegic Association v. Elections
Canada et al., [1992] C.H.R.D. No. 2 ("CPA"): i.e, "The strong positive actions taken by
Elections Canada after 1984..." at p. 27 and "In view of the steps which Elections Canada
has taken since 1984 to improve accessibility of polling stations,..." at p. 28. That case
involved nine complaints of persons with disabilities who either could not vote because
of barrier-ridden polling locations or voted with difficulty in the 1984 federal election in
Manitoba. These complaints spurred EC to act, ahead of the Tribunal's decision in 1992.
EC created in 1988, with the help of Barrier-free Design Consultants, the RO Guide
"Accessible Facilities: How to Make Voting More Accessible".
[31] EC also developed a national inventory or database of over 27,000 accessible
locations with an onsite evaluation done for each. It created an Accessibility Checklist for
each polling site to be entered into the National Inventory of Electoral Facilities. In the
RO Manual: A Guide to Conducting Federal Electoral Events, it says at p. 81, ROs
"should identify problem areas so that corrective measures can be taken IN ADVANCE."
(EC's capitalizing) As well, EC began to share "polling place information" with internal
and external groups so that the information could be complete and accurate.
[32] There is also a Manual for Central Poll Supervisors. In the "pre-polling day tasks"
section at p. 12, it says the CPS should, "Examine the layout...identify issues." I suggest
that EC specifically mention "accessibility issues" in this part to highlight the importance
of said issues. EC also includes this language in the Manual for Deputy Returning
Officers and Poll Clerks. EC even has a Training Officers Manual, including a section on
tips or lessons for "Assisting an Elector with a Disability".
2010 CHRT 4 (CanLII)
estimators and are not equipped with the proper tools to ascertain exact measurements
about certain criteria such as the slope of a ramp. Expert witness and architect Robert
Topping testified that a layperson would need certain specialized equipment and training
to make such accessibility determinations.