[90] Training about accessibility complaints and the proper handling of them by polling
station officers and national headquarters should also be provided. I was surprised by Mr.
Roussel's evidence concerning the lack of training about accessibility issues for the many
public servants at EC's national headquarters who deal, in whole or in part, with disability
and accessibility issues.
[91] The Complainant and CCD request orders for the review and updating of training
materials and training programs for all management, staff, and officers, full-time or parttime, permanent or temporary, dealing with accessibility issues. This would include the
CEO at the apex of the "pyramid" of EC, down to the 200,000 election day officials.
They also ask that the training materials include these Reasons for Decision (or a
summary) and that it form the basis of a case study in the training sessions. I note that EC
had an interactive session dealing with case studies in their training of ROs. EC agrees
within twelve months to review its training materials and program for ROs and officials
below them, but is concerned with extending it to the CEO. EC is also concerned about
the logistical complexities of training the 200,000 temporary election day officials.
[92] The training materials and programs or sessions should be reviewed, revised and
updated concerning accessibility issues. Training should be given to every officer or
employee who deals with disability and accessibility issues, including the CEO and
senior management, the accessibility officers at national headquarters, the ROs and others
in the electoral districts (i.e., the army of 200,000 election day officials). I note that in
Lepofsky, supra the Tribunal ordered training for all appropriate officers and employees,
including the Commissioners and senior management of the Toronto Transit
Commission. The training may be customized to the individual, depending on his/her
responsibilities at EC. I also agree with the request that the materials include my Reasons
for Decision or summary thereof, and a case study be made from it.
Accessibility Complaints Process
[93] The poor handling of Mr. Hughes' verbal and written complaints by EC, including
its investigation, triggered liability and are of concern to me. EC agrees within six months
to: "Implement a procedure for receiving, recording and processing verbal and written
complaints" about lack of accessibility.
[94] I agree that a public complaints process needs to be established by EC about
accessibility issues. It should also be suitably publicized (e.g., in polling stations, on the
EC website, on the Voter Information Card). It should include the tracking of complaints
and their disposition. The number of complaints received about accessibility issues
should be publicly reported, perhaps in the post-election report of the CEO. And of
course, EC employees need to be trained regarding same.
[95] It is important that the reporting of said complaints about lack of accessibility in
polling locations and stations be done. EC consents "to such a reporting requirement for a
period of three complete general election cycles, as long as it may be implemented in a
2010 CHRT 4 (CanLII)
Hughes about the lack of sufficient funding for accessible facilities during by-elections,
and the lack of proper spacing of tables in polling stations.