A long-running fight over accessible voting in Ontario reached a new stage this week, as hearings got underway before the Ontario Human Rights Tribunal in a case brought by a blind accessibility advocate who says Elections Ontario let him down.
David Lepofsky filed his human rights complaint more than seven years ago, following an incident during the 2018 Ontario election. According to Lepofsky, he attempted to cast his ballot using Elections Ontario's assistive voting terminal — equipment designed to help voters with disabilities — but a poll worker ended up inadvertently seeing his choices.
That moment, Lepofsky argues, was not an isolated glitch. He contends Elections Ontario did not do enough to guarantee that he could mark, verify and cast his ballot independently and in private — not only during the June 2018 incident itself, but in the periods before and after it as well. He has also said he ran into barriers to accessible voting in subsequent Ontario elections, which he argues amounts to an ongoing violation of his human rights.
At the heart of the complaint is Lepofsky's position that Elections Ontario treated him unequally when providing services and facilities, discriminating against him because he is totally blind. He argues that this treatment runs afoul of the Ontario Human Rights Code.
The hearing is scheduled to unfold over several days this week. Both Lepofsky and Elections Ontario are expected to deliver their final submissions later this month.
For voters across Ontario, the outcome could shape how elections are run for people with disabilities — and whether the promise of a secret, independent ballot truly extends to everyone.
