Item - 2011.EX5.1

The purpose of this report is to review Pride Toronto’s compliance with the City’s Anti-Discrimination Policy and whether the participation of Queers Against Israeli Apartheid (QUAIA) including carrying banners in the Pride Parade constitutes a violation under the City’s Anti-Discrimination Policy. This report also confirms that Pride Toronto adopted all the recommendations from their recent Community Advisory Panel related to governance, finance, community relations and operations, including the Panel recommendation to develop a comprehensive conflict resolution process especially with regards to participation in the Pride Festival including the annual Parade.  

City staff have determined that the phrase 'Israeli Apartheid' in and of itself does not violate the City's Anti-discrimination policy as it does not impede the provision of services and employment provided directly by Pride or the City to any group on any grounds provided for in the Policy.  The City staff has carefully reviewed the matter of whether the participation of QUAIA violates the City’s Anti-Discrimination Policy. To date, the phrase “Israeli Apartheid” has not been found to violate either the Criminal Code or the Human Rights Code (Ontario).  However, a decision on the latter would have to be made by the Human Rights Tribunal of Ontario.  The City Staff has therefore concluded that the participation of QUAIA in the Pride Parade based solely on the phrase "Israeli Apartheid" does not violate the City’s Anti-Discrimination Policy. The City also cannot therefore conclude that the use of term on signs or banners to identify QuAIA constitutes the promotion of hatred or seeks to incite discrimination contrary to the Code. 

A funding application as a Major Cultural Organization under the Community Partnership and Investment Program (CPIP) for the Pride Festival was received by the City on April 1, 2011 and is currently being reviewed by city staff.