Item - 2010.EX45.41
Tracking Status
- City Council adopted this item on July 6, 7 and 8, 2010 with amendments.
- This item was considered by Executive Committee on June 14, 2010 and was adopted with amendments. It will be considered by City Council on July 6, 7 and 8, 2010.
EX45.41 - Actions to Ensure Enfranchisement of Electors
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on July 6, 7 and 8, 2010, adopted the following:
1. City Council formally request the Provincial Government to initiate electoral reform to institute a permanent municipal voters list, compiled and maintained by an organization such as Elections Ontario.
2. City Council request the City Clerk to support enfranchisement of tenants by disseminating the City application form and information on how to be added to the Voter’s List during the revision period to electors through all appropriate City mechanisms, including the City’s civic engagement practitioners and outreach staff.
3. City Council request the City Clerk to document and report to City Council the problems and difficulties with the current enumeration system.
City Council Decision Advice and Other Information
Speaker Bussin ruled the following recommendation of the Executive Committee out of order as it is beyond the authority of City Council:
- City Council authorize and direct the City Clerk to conduct a direct in-person effort to tenants to ensure that they are on the voter’s list.
The City Clerk advised City Council that the City Manager will undertake a direct in-person effort to get tenants on the voters list.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-30953.pdf
Appendix A - Directions Related to the 2010 Municipal Election
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-30954.pdf
Appendix B - Memorandum from Stikeman Elliott
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-30955.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-31889.pdf
Attachment 1 - Legal Opinion, Stikeman Elliott
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-31890.pdf
Attachment 2 - Legal Opinion, Stikeman Elliott
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-31891.pdf
Attachment 2, Appendix A - Letter from MPAC
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-31892.pdf
Attachment 2, Appendix B - Ombudsman's Letter
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-31893.pdf
Attachment 2, Appendix C - Human Rights Commission Letter
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-31894.pdf
Motions (City Council)
That City Council request the City Clerk to document and report to Council, the problems and difficulties with the current enumeration system.
That City Council formally request the Provincial Government to initiate electoral reform to institute a permanent municipal voters list, compiled and maintained by an organization such as Elections Ontario.
Vote (Amend Item (Additional)) Jul-07-2010 6:50 PM
| Result: Carried | Majority Required - EX45.41 - Jenkins - Motion 2 |
|---|---|
| Total members that voted Yes: 32 | Members that voted Yes are Maria Augimeri, Shelley Carroll, Raymond Cho, Janet Davis, Mike Feldman, John Filion, Paula Fletcher, Rob Ford, Suzan Hall, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby (Chair), Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Howard Moscoe, Frances Nunziata, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 13 | Members that were absent are Paul Ainslie, Brian Ashton, Sandra Bussin, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Adam Giambrone, Mark Grimes, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, Case Ootes, Cesar Palacio |
Rulings (City Council)
The City Manger has circulated two legal opinions provided by external counsel on this matter. One of the opinions squarely addresses Recommendation 1. In that opinion we are advised that Recommendation 1 is ultra vires, or in other words, beyond the authority of City Council.
Although I share the Executive Committee's concerns for the accuracy of the voter's list, particularly as it relates to tenants, I am also concerned that City Council not jeopardize the integrity of the election or compromise the independence of the City Clerk in her role as the election administrator.
As the opinion sets out, it is important that the City Clerk be impartial and independent from political or other influences in the conduct of her duties as election administrator. It also says that adoption of this recommendation would form part of a trail of evidence that could be used against the City following the election to contest the election results or actions of election officials. As a result, I am concerned that this recommendation could put the Clerk in conflict with the Municipal Elections Act.
Because we are in receipt of this opinion, I have no option but to rule Recommendation 1 out of order on the grounds the matter is ultra vires. I would encourage Members to seek the Solicitor's assistance in preparing any motions to ensure they do not meet a similar fate.
I hope that in the debate on this item, City Council can find a way to address this important issue in way that is in keeping with the principles of the Municipal Elections Act.
Having made this ruling, I believe that a solution has been found. With Council’s indulgence, I would like to ask the Clerk to inform Council what she and the City Manager are prepared to do to address the Executive Committee’s concerns.
The City Clerk advised Council as follows:
Madam Speaker, I fully understand that this issue is to encourage getting tenants on the voters list.
We have completed considerable outreach efforts, which has certainly included tenants to date, and we have far more outreach planned.
To intensify this effort I have spoken with the City Manager and we have agreed that the City Manager will undertake a direct in-person effort to get tenants on the voters list.
EX45.41 - Actions to Ensure Enfranchisement of Electors
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Committee Recommendations
The Executive Committee recommends that:
1. City Council authorize and direct the City Clerk to conduct a direct in-person effort to tenants to ensure that they are on the voter’s list.
2. City Council request the City Clerk to support enfranchisement of tenants by disseminating the City application form and information on how to be added to the Voter’s List during the revision period to electors through all appropriate City mechanisms, including the City’s civic engagement practitioners and outreach staff.
Origin
Summary
This report discusses the actions underway by the City Clerk and the City administration to ensure that enfranchisement is promoted to all electors, consistent with the principles and terms of the Municipal Elections Act, 1996 (MEA).
Background Information
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-30953.pdf
Appendix A - Directions Related to the 2010 Municipal Election
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-30954.pdf
Appendix B - Memorandum from Stikeman Elliott
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-30955.pdf
Motions
That the Executive Committee recommend that:
1. City Council authorize and direct the City Clerk to conduct a direct in-person effort to tenants to ensure that they are on the voter’s list.
2. City Council request the City Clerk to support enfranchisement of tenants by disseminating the City application form and information on how to be added to the Voter’s List during the revision period to electors through all appropriate City mechanisms, including the City’s civic engagement practitioners and outreach staff.