[59] I find the following additional aspects of EC's liability in this matter:
(1) EC denied the Complainant barrier-free access to voting in both the 2008 by-election and
general election in that not one entrance was accessible to a person with the disability that
Mr. Hughes has;
(2) EC denied him a service and adversely differentiated against him in its sub-standard
investigation of his verbal and written complaints to it. EC didn't even record his
March 17th election day verbal complaint. EC's response to his written complaint to it and
his CHRA Complaint was tardy and inaccurate, and its tone dismissive. It is disappointing
that in its August 6th letter to the Commission addressing the CHRA Complaint (five
months after his complaints to EC), EC made so many factual errors. The most glaring
one was that all three entrances "were unlocked during voting hours." Notwithstanding
EC said in the August 6th letter that in the course of its review of his complaint "election
officers were interviewed and an on-site inspection of the polling station was conducted",
no one at EC's national headquarters in Ottawa realized that the only accessible entrance
(main, front door #1) had been locked on election day until November 2008 when the
investigation was completed, according to Mr. Roussel's testimony. But the August 6 th
letter states that EC's investigation had been completed by then. Had EC done a
competent investigation sooner, it no doubt would have realized this fact and rectified it
for the October 2008 general election by either contacting St. Basil's Church and making
sure it kept the door unlocked on election day or seeking out a different (and accessible)
location. I accept Mr. Hughes' evidence that EC's poor handling of his verbal and written
complaints to EC and his Complaint to the Commission, including the tone and content
of the August 6th letter, upset him as much or more than the actual two voting events.
[60] Based on the evidence presented, I am satisfied that a prima facie case has been
made out by the Complainant and no reasonable explanation, defence or exemption
provided by the Respondent with regard to the additional facts triggering liability not
admitted to by EC. The Respondent indicated that "mistakes were made" and they have
learned from the incidents.
2010 CHRT 4 (CanLII)
in by-elections. Indeed, no mention is made of his verbal complaint that day. As indicated
earlier, I accept Mr. Hughes' version of this episode.
[58] Mr. Hughes indicated that he was quite upset with EC's August 6 th letter. He stated
that EC's response, or lack thereof in general, upset him as much as the frustrating voting
experiences. He said the August 6 th letter was dismissive and suggested that he was
incompetent and unable to read signs: "The letter was a complete denial of my
experience." I agree that the tone of the letter is somewhat dismissive. But more
importantly, many of the factual statements given are clearly incorrect: in particular, that
entrance #1 (the only accessible one of the three entrances) had been open on the day of
the by-election. I find it difficult to accept that, after having interviewed its officials who
were present at St. Basil's Church and investigated the matter, EC was under the illusion
that entrance #1 had been available on the day of the by-election. That suggests that,
notwithstanding the signs pointing away from entrance #1, no one told the EC
investigating official that entrance #1 had been locked that day. I do not know from the
evidence whether EC in its investigation contacted the Church to verify what entrances
were open that day. At a minimum, EC's investigation was flawed.