(10) Within six months, EC shall implement a procedure for receiving, recording and processing
verbal and written complaints about lack of accessibility. 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. EC shall
execute this reporting requirement for a period of three complete general election cycles,
in the CEO's post-election report to Parliament, and as per the terms set out in its
counsel's October 23, 2009 letter to the Tribunal. EC shall consult with the other parties
about same.
Three Month Suspension If Election Called
(11) The timelines and activities concerning the above remedies shall be suspended for a period
of three months in the event of a general election, except for the award of compensation
and interest, and the cease order.
EC to Report to Tribunal
(12) EC shall report to the Tribunal in at least three-month intervals about its progress in
implementing this Order.
Tribunal Staying Seized
(13) The Tribunal will remain seized in this matter to the later date of the reporting of
accessibility complaints by EC after the next general election and the implementation of
the other parts of this Order, including any further implementation Orders as required.
"Signed by"
Matthew D. Garfield
OTTAWA, Ontario
February 12, 2010
1
There was no formal motion to amend the Complaint.
2
In these Reasons for Decision, Mr. Hughes' "Complaint" refers to the one made to the
Commission vs. his verbal and written "complaints" made to EC in March 2008.
3
[2005] 1 S.C.R. 667.
4
[2007] 1 S.C.R. 650.
5
Winnipeg School Division No. 1 v. Craton, [1985] 2 S.C.R. 150.
6
This is reflected in subsection 53(3) of the CHRA which allows the Tribunal to award
"special compensation" to a complainant where a respondent has engaged in the
discriminatory practice "wilfully".
7
Canada (Attorney General) v. Mowat, 2009 FCA 309.
2010 CHRT 4 (CanLII)
including the CEO and senior management, the accessibility officers at national
headquarters, the ROs and others in the electoral districts. The training may be
customized to the individual, depending on his/her responsibilities at EC. EC officials
shall be trained also on the new public complaints process. The materials will also
include these Reasons for Decision or a summary thereof, and a case study made from it
for training purposes. EC shall consult with the other parties about same.
Accessibility Complaints Process