Policies and Guidelines
[86] EC's policies and guidelines about accessibility can be improved and updated, but
they were not a major source for my findings of liability. However, EC consents to,
within twelve months, "Review the Accessible Facilities Guide, Accessibility Checklist,
and accessibility sections of the Manuals for the Returning Officers and the above
categories of election workers [CPSs, DROs, Poll Clerks, Information Officers and
Registration Officers]." I order EC to do so, and to consult with the other parties about
same.
Standard Lease for Polling Locations
[87] The Complainant and CCD ask that I order EC to revise its standard lease for polling
locations to include the requirement that the leased premises provide level access and are
barrier free. If the lease with St. Basil's had included such a term and condition, it may
have triggered a discussion about entrance #1 and prevented it from being locked on the
day of the by-election and general election. Such a provision raises the consciousness of
accessibility issues to the lessor and lessee and could reasonably prevent similar practices
from occurring in the future. I order EC to do so within six months, and consult with the
other parties about same.
Signage at Polling Locations and Stations
[88] I accept Mr. Hughes' evidence about the lack of sufficient signage during the byelection and general election. EC also made an admission about insufficient signage
leading to entrance #2. Signage is particularly important given that most voters would be
less familiar with the layout of their polling location than their home or workplace. EC
consents to the Complainant's request that the Tribunal order that EC provide sufficient
and appropriate signage at elections, including the universal accessibility symbol so that
voters with disabilities can easily find the shortest and most appropriate route to all
accessible entrances at polling stations. I order EC to do so, and consult with the other
parties about same.
Training
[89] Training materials and protocols can always be improved. Here, the problem was
more of officials not following instructions, rather than the training itself. For example,
Mr. Roussel testified that it was the job of the Central Poll Supervisor to check that the
polling stations were in proper operation on election day, including that entrance #1 (the
only accessible one) was open. However, the officials' non-application of the training
instructions is also a factor of how they are trained. Better training, including its
application, could prevent the recurrence of the comment by the EC official to Mr.
2010 CHRT 4 (CanLII)
Of course, standards change and evolve, in terms of philosophy, attitudes and technology.
Accordingly, I recommend, but do not order, EC to review the standards of accessibility
employed by EC and consult with the other parties regarding same. These standards are
included at, but not limited to, page 2, para. 4 of the revised list of remedies sought by the
Complainant.