I. INTRODUCTION [1] These are my Reasons for Decision concerning the Complaint of James Peter Hughes against Elections Canada ("EC"). Mr. Hughes alleges that he was denied an accessible polling location and adversely differentiated against on account of his disability when he went to vote at St. Basil's Church in the downtown Toronto riding of Toronto Centre on two occasions within a 7-month time span (the March 17, 2008 federal by-election and the October 14, 2008 federal general election), contrary to subsections 5(a) and 5(b) of the Canadian Human Rights Act, R.S.C. 1985, c. H-6, as amended ("CHRA"). His Complaint also deals with the lack of proper investigation and action by EC following his verbal and written complaints to it. II. COMPLAINT [2] Mr. Hughes filed his Complaint with the Canadian Human Rights Commission ("Commission") on June 5, 2008. As this was four months before the October 14 th general election, the Complaint form itself only dealt with the March 17 th by-election incident. The Commission investigated and referred the subject-matter of the Complaint to the Canadian Human Rights Tribunal ("Tribunal") on December 29, 2008. By this time, the second incident of the October 14 th general election had occurred. This second incident and EC's handling of the two incidents form part of the subject-matter before the Tribunal. None of the parties disagree with this. 1 III. PRELIMINARY MATTERS Commission Not Participating [3] The Commission indicated early after the referral that it would be participating in the hearing. A week before the hearing on the merits began, it indicated that it would no longer participate; however, it remains a party. Commission counsel did indicate in writing that the Commission would participate in any systemic remedies, including "monitoring" of EC, if such remedies were granted by the Tribunal. Motion for Interested Party Status [4] Prior to the hearing, the Council of Canadians with Disabilities ("CCD") brought a motion to be added as an intervenor or Interested Party. The Complainant supported CCD's motion and EC consented with conditions. The Tribunal granted the request. CCD was allowed to make oral and written argument. The title of proceeding was amended accordingly. CCD's participation in the hearing was helpful. CCD is a pan-Canadian not- 2010 CHRT 4 (CanLII) IX. IMPORTANCE OF ELECTIONS X. STATUTORY PROVISIONS XI. UNIQUE STATUS OF HUMAN RIGHTS STATUTES XII. LEGAL PRINCIPLES RELATING TO LIABILITY XIII. LEGAL PRINCIPLES RELATING TO REMEDY XIV. ANALYSIS XV. REMEDY XVI. ORDER

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