Item - 2013.CC30.2

Tracking Status

  • City Council adopted this item on February 20, 2013 with amendments.

CC30.2 - Court Decision Regarding By-law No. 1147-2011, Shark Fin Ban

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on February 20 and 21, 2013, adopted the following:

 

1.         City Council adopt Recommendation 1 contained in Confidential Attachment 1 to the report (February 4, 2013) from the City Solicitor.

 

2.         City Council authorize the public release of Recommendation 1 in Confidential Attachment 1 to the report (February 4, 2013) from the City Solicitor and direct that the remainder of the information contained in Confidential Attachment 1 remain confidential.

 

3.         City Council request the City Manager, in consultation with the Medical Officer of Health, to:

 

a.         conduct a comprehensive review to identify any adverse consequences to the City and its inhabitants arising from population depletion of oceanic species used as food sources, including any health, environmental, ecological and animal welfare consequences, such review to include consideration of shark populations and shark finning;

 

b.         identify and consider options available to the City, including any regulatory options, to reduce or eliminate whatever environmental, ecological, health, animal welfare or other concerns may be identified in the review; and

 

c.         report, in consultation with the City Solicitor, to the June 27, 2013 meeting of the Licensing and Standards Committee.

 

4.         City Council authorize and direct the appropriate City staff to take the necessary action to give effect to Council's decision.

 

Recommendation 1 contained in Confidential Attachment 1 to the report (February 4, 2013) from the City Solicitor was adopted by City Council and is now public:

 

1.                 City Council instruct the City Solicitor not to proceed with an appeal of the decision of the Superior Court of Justice in the case of Eng, et al v. City of Toronto.

 

The balance Confidential Attachment 1 to the report (February 4, 2013) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and pertains to litigation or potential litigation.

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice or communcations subject to solicitor-client privilege

Background Information (City Council)

(February 4, 2013) Report from the City Solicitor on Court Decision Regarding By-law No. 1147-2011, Shark Fin Ban (CC30.2)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-56167.pdf
(December 12, 2012) Confidential Attachment 1

Communications (City Council)

(February 15, 2013) Letter from Andrew J. Roman, Senior Counsel, Miller Thomson LLP (CC.Supp.CC30.2.1)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-34562.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Glenn De Baeremaeker (Carried)

That:

 

1.         City Council request the City Manager, in consultation with the Medical Officer of Health, to:

 

a.         conduct a comprehensive review to identify any adverse consequences to the City and its inhabitants arising from population depletion of oceanic species used as food sources, including any health, environmental, ecological and animal welfare consequences, such review to include consideration of shark populations and shark finning;

 

b.         to identify and consider options available to the City, including any regulatory options, to reduce or eliminate whatever environmental, ecological, health, animal welfare or other concerns may be identified in the review; and

 

c.         to report, in consultation with the City Solicitor, to the June 27, 2013 meeting of the Licensing and Standards Committee.

Vote (Amend Item (Additional)) Feb-21-2013 2:40 PM

Result: Carried Majority Required - CC30.2 - De Baeremaeker - motion 1
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Doug Ford, Mark Grimes, Doug Holyday
Total members that were Absent: 3 Members that were absent are Josh Colle, Giorgio Mammoliti, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Feb-21-2013 2:41 PM

Result: Carried Majority Required - CC30.2 - Adopt the item as amended
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Doug Ford, Mark Grimes, Doug Holyday
Total members that were Absent: 3 Members that were absent are Josh Colle, Giorgio Mammoliti, Michael Thompson
Source: Toronto City Clerk at www.toronto.ca/council