manner consistent with its operational constraints." It will be reported in the CEO's postelection report to Parliament. I order EC to do so, as per the terms set out in its counsel's
October 23, 2009 letter to the Tribunal.
[96] The Complainant requests an order that any such exemptions be reviewed with
consultants from local disability groups and if found to be valid, publicly advertised,
including the alternative arrangements for voters with disabilities. The CEO currently
lists in his post-election report to Parliament the number of s. 121(2) exemptions given in
the campaign period. Neither the Complainant nor CCD challenges the validity of s.
121(2). I do not find the discriminatory practice in which EC engaged in this case flowed
from s. 121(2) or its operation and accordingly do not issue any "future practices" order
concerning same.
Three Month Suspension If Election Called
[97] I agree to EC's request that the timelines and activities concerning the above
remedies shall be suspended for a period of three months in the event of a general
election. This is a reasonable request given the evidence I heard about the hectic schedule
of EC national headquarters staff and riding officials when an election is called. Of
course, this does not affect the award of compensation and interest, and the cease order.
Reporting to the Tribunal
[98] EC shall report to me in at least three-month intervals about its progress in
implementing my Order. The Commission is encouraged, but is not required, to
periodically report to me about any matter relating to its monitoring of the
implementation of my Order.19
Tribunal Staying Seized
[99] The parties agree to the Tribunal staying seized of this matter. I will stay seized of
this matter until my Order has been fully complied with, including the making of
additional implementation orders or directions, as required. However, EC through its
counsel's letter to the Tribunal dated October 23, 2009 consented to the phasing-in of a
full reporting system over a 3-general election cycle. This could occur as late as 2020. I
do not think it would be wise to remain seized for that long a period. Accordingly, I will
stay seized to the later date of the reporting on the next general election and the
implementation of the other parts of this Order, including any further implementation
Orders.
XVI. ORDER
[100] Having found EC engaged in a discriminatory practice within the meaning of
section 5 of the CHRA, the Complaint of James Peter Hughes is substantiated and the
following Order is made:
Compensation and Interest
2010 CHRT 4 (CanLII)
Exemptions Under Subsection 121(2) of the CEA