[11] Mr. Hughes was not able to get down the stairs without assistance. He called out for
assistance and someone came over. The person appeared to be an EC official and told
him he could either come down the stairs or walk around the building (to entrance #2).
He chose to deal with the known obstacle rather than face the unknown ones. The official
took his walker down the stairs and Mr. Hughes then proceeded to go down the stairs "on
the seat of my pants". The Complainant testified that this was rather humiliating. He was
concerned as well about falling. They then put the walker back together and he walked
down the hallway to the election polling stations in the basement hall.
[12] His experience with inaccessibility did not end there. When in the hall, he was not
able to vote in the polling booth because the tables were placed too close together,
blocking his path. EC officials had to re-arrange the tables. A person using a walker or
wheelchair did not have a direct pathway to the private voting booth.
[13] While in the Church basement hall, Mr. Hughes told a male EC official about his
"difficult voting experience." He does not remember the name of the official. Mr. Hughes
averred that the person replied that the lack of accessibility was for financial reasons and
that "in federal by-elections they are not given sufficient funds to have an accessible
polling station." Mr. Hughes was "appalled". EC avers that if this in fact occurred, the
official was factually wrong and was not in a position to make such comments. Nothing
came of his verbal complaint. I accept Mr. Hughes' testimony on this topic.
[14] Mr. Hughes eventually got to mark his ballot that day. However, his departure was
no less easy. Rather than go back through entrance #3 with its barrier-ridden path, the EC
officials offered to help this voter with a disability leave through the back way, entrance
#2, adjacent to the parking lot. Mr. Hughes had to walk up a "steep, narrow ramp". It was
only "marginally possible" for use with his walker. The two doors leading out to the
parking lot weren't open. There was no automatic opening mechanism for the doors. Mr.
Topping, who did an onsite inspection on behalf of EC and gave expert opinion evidence
at the hearing, agreed that they are heavy, steel doors. Only one of the two double doors
was openable. Mr. Hughes' walker had to be folded in order to get it through. Outside the
doors, he confronted snow on the ground which hadn't been sufficiently cleared. He
stated that the width shoveled looked like it had been done with ambulatory people in
mind. It was barely wide enough for his walker's wheels, and certainly not wide enough
for a person using a wheelchair. There was a sloped ramp downward. He described it as
steep and slippery. I accept Mr. Hughes' testimony that he could not have exited through
entrance #2 without assistance.
2010 CHRT 4 (CanLII)
[10] From the street, the Complainant walked up a sloped hill on a long, winding path to
entrance #1. At the front door was "a perfectly acceptable handicap ramp," said the
Complainant. He said he found some "cryptic, yellow" EC signs, but they pointed away
from entrance #1 and toward entrance #3. Entrance #1 was locked. Said signs indicate to
me as well that EC (at least the official who put up the signs) was aware that entrance #1
was locked and unusable as an accessible entrance, for disabled and non-disabled voters.
Mr. Hughes proceeded around the building to entrance #3. When he opened the door, he
was somewhat startled to find a flight of stairs leading downward. It was clearly not an
accessible entrance.