Media Release and Decision (C0038565).PDFOn February 12, 2010, the Canadian Human Rights Tribunal ordered that Elections Canada cease from situating polling stations in locations that do not provide barrier-free access in any electoral district in Canada, subject to the standard of bona fide justification.  The Tribunal awarded ground-breaking systemic and future practice remedies including  new monitoring, training, new policies and a new complaint procedure.     

The decision is a result of a Human rights complaint by Rev. Peter Hughes who is physically disabled and was appalled when he arrived at his polling station in downtown Toronto and faced a flight of stairs.  At a federal by-election in March 2008, he had to crawl down on the seat of his pants to the basement polling station.

To add insult to injury when he complained to Elections Canada they dismissively said it was not their problem and Rev. Hughes was in error.  Elections Canada took no steps to address accessibility and Rev. Hughes was faced with the same flight of stairs in the General Election in October of 2008.

Dr. Catherine Frazee, Co-Chair of the Ryerson-RBC Institute for Disability Studies provided expert testimony and said that "there should be no hierarchy of citizenship when it comes to voting in Canada: no second class voters.   The Council of Canadian with Disabilities and the ARCH Disability Legal Clinic intervened lending important support to arguments for systemic remedies.

Kate Hughes and Jan Borowy represented Rev. Hughes at the Canadian Human Rights Tribunal.  A copy of the Media Release and the Board's decision can be read here