[41] I also note the evidence of the 2006 Statistics Canada report showing the number of
persons with various impairments and disabilities in Canada: 4.4 million Canadians with
an activity limitation yielding a disability rate of 14.3%. What is more telling is the
demographic trend upward of Canadians reaching the status of "senior citizen" and the
resulting increase of persons with disabilities in Canada, including those with mobility
impairments.
X. STATUTORY PROVISIONS
[42] Mr. Hughes' Complaint alleges the violation of subsections 5(a) and 5(b) of the
CHRA:
5. It is a discriminatory practice in the provision of goods, services, facilities or accommodation
customarily available to the general public
a) to deny, or to deny access to, any such good, service, facility or accommodation to any
individual, or
b) to differentiate adversely in relation to any individual,
on a prohibited ground of discrimination.
XI. UNIQUE STATUS OF HUMAN RIGHTS STATUTES
[43] As recently as 2005, the Supreme Court of Canada stated in Canada (House of
Commons) v. Vaid,3 at para. 81: "...the Canadian Human Rights Act is a quasiconstitutional document and we should affirm that any exemption from its provisions
must be clearly stated."
[44] In Council of Canadians with Disabilities v. Via Rail,4 the Supreme Court of Canada
wrote at para. 115:
In Winnipeg School Division,5 McIntyre J. confirmed that where there is a conflict
between human rights law and other specific legislation, unless an exception is created,
the human rights legislation, as a collective statement of public policy, must govern. It
follows as a natural corollary that where a statutory provision is open to more than one
interpretation, it must be interpreted consistently with human rights principles. The
[Canadian Transportation] Agency is therefore obliged to apply the principles of the
Canadian Human Rights Act, R.S.C. 1985, c. H-6, when defining and identifying "undue
obstacles" in the transportation context.
XII. LEGAL PRINCIPLES RELATING TO LIABILITY
2010 CHRT 4 (CanLII)
disability attempting to vote. Included in this was the impact of disabled voters going to
"separate but equal" facilities to exercise their franchise or facilities with only "back
entrances" available to them. There should be no hierarchy of citizenship when it comes
to voting in Canada: no second class voters. Professor Frazee's expert evidence and
Mr. Hughes' testimony showed the damaging impact on persons with disabilities going
away from the polling site thinking that their presence was at best unexpected, and at
worst unwelcome.