Item - 2013.EX32.1

Tracking Status

  • City Council adopted this item on July 16, 2013 with amendments.
  • City Council considered this item on June 11, 2013 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • This item was considered by Executive Committee on May 28, 2013 and was adopted with amendments. It will be considered by City Council on June 11, 2013.

EX32.1 - Amendments to City of Toronto Anti-Discrimination Policies

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 16, 17, 18 and 19, 2013, adopted the following:

 

1.         City Council adopt the revised Declaration of Compliance with Anti-Harassment/Discrimination Legislation and City Policy (the template for Divisional use is attached as Appendix A to the report (April 9, 2013) from the City Manager).

 

2.         City Council adopt the amended Human Rights and Anti-Harassment/Discrimination Policy (Appendix B to the report (April 9, 2013) from the City Manager).

 

3.         City Council adopt the amended Hate Activity Policy (Appendix C to the report (April 9, 2013) from the City Manager).

 

4.         City Council request City agencies and corporations to:

 

a.         review and amend their Human Rights and Anti-Harassment/Discrimination and Hate Activity Policies to reflect the purpose and principles of the City's Policies as appropriate to their organizations, and/or adopt such policies; and

 

b.         post such policies so that they are easily accessible to employees and service recipients pursuant to their obligations under applicable legislation by the fall of 2013.

 

5.         City Council receive the report (April 8, 2013) from the City Solicitor for information.

 

6.         City Council direct that the confidential information in Attachment 1 to the report (April 8, 2013) from the City Solicitor shall remain confidential in its entirety as it relates to litigation or potential litigation affecting the City of Toronto.

 

7.         City Council approve the revised City of Toronto Community Grants Policy as presented in Appendix A to the report (April 9, 2013) from the Executive Director, Social Development, Finance and Administration.

 

8.         City Council direct the Director, Equity, Diversity and Human Rights and the Executive Director, Social Development Finance and Administration to research and propose a City of Toronto protocol to facilitate resolution of competing interests conflicts.

 

9.         City Council direct that the Toronto anti-discrimination policy include a provision that requires an organization that receives either direct or indirect cultural funding from the City to not permit any hate speech or discriminatory behaviour or messaging that is contrary to the City's Policy, in which case the direct funding is to be returned to the City or refused by the City.

 

10.       City Council endorse the principle in the report (April 9, 2013) from the City Manager, that "Pride and all groups with competing interests ensure that they are complying with the Ontario Human Rights Code, not contravening hate provisions of the Criminal Code and that all sides are demonstrating mutual respect for the dignity and worth of all involved."

 

11.       City Council request an automatic review of the City of Toronto anti-discrimination policy at least one time each Council term.

 

12.       City Council direct that use of the Major Cultural funding for the Pride Festival be limited to support for cultural elements of the festival including the performance stages and not be used to support the Pride Parade.

 

13.       City Council direct that events which are funded by the City of Toronto, and/or take place in City of Toronto facilities/public space, are in accordance with the objectives of the City of Toronto of promoting respect, tolerance and diversity under the Grants Policy, Human Rights and Anti-Discrimination Policy and Hate Activity Policy, and do not support partisan political activity as identified in section 5.1.6 of the amended Grants Policy, and that the grants guidelines and use of space guidelines are consistent with the amended Grants policy.

 

14.       City Council request the Executive Director, Social Development, Finance and Administration to research and propose a City of Toronto protocol to facilitate resolution of competing interest conflicts.

 

Confidential Attachment 1 to the report (April 8, 2013) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation affecting the City of Toronto.

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board

Background Information (Committee)

(April 9, 2013) Report from the City Manager on Amendments to City of Toronto Anti-Discrimination Policies
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58132.pdf
Appendix A - Declaration of Compliance with Anti-Harassment/Discrimination Legislation and City Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58133.pdf
Appendix B - Human Rights and Anti-Harassment/Discrimination Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58134.pdf
Appendix C - Hate Activity Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58135.pdf
Appendix D - Equity, Diversity and Human Rights Legislative and Policy Framework
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58136.pdf
Appendix E - Discrimination Complaints Handling Framework
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58137.pdf

Communications (Committee)

(February 19, 2013) E-mail from Nathalie Des Rosiers, General Counsel, Canadian Civil Liberties Association (EX.Main.EX32.1.1)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36881.pdf
(April 3, 2013) Letter from Charles Foran, President, PEN Canada (EX.Main.EX32.1.2)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36882.pdf
(April 6, 2013) E-mail from John Greyson (EX.Main.EX32.1.3)
(October 26, 2012) Letter from May Lui, Interim Executive Director, on behalf of Chinese Canadian National Council Toronto Chapter (EX.Main.EX32.1.4)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36884.pdf
(April 15, 2013) E-mail from Suzanne Weiss (EX.Main.EX32.1.5)
(April 12, 2013) Letter from Tamara Sabarini, Toronto Palestine Film Festival Organizing Committee (EX.Main.EX32.1.6)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36886.pdf
(April 18, 2013) E-mail from Ceta Ramkhalawansingh (EX.Main.EX32.1.7)
(April 19, 2013) Letter from Indu Vashist, Executive Director, South Asian Arts Centre (EX.Main.EX32.1.8)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36869.pdf
(April 19, 2013) E-mail from Elizabeth Block, Independent Jewish Voices (EX.Main.EX32.1.9)
(April 21, 2013) E-mail from Sriram Ananth, llian Burbanom, Katherine Nastowski, Ted Turner, Cynthia Wright, Members of Labour for Palestine-Toronto (EX.Main.EX32.1.10)
(April 21, 2013) E-mail from Dania Majid, Arab Canadian Lawyers Association (EX.Main.EX32.1.11)
(April 22, 2013) E-mail from Monira Kitmitto, Palestine House (EX.Main.EX32.1.12)
(April 20, 2013) Letter from Prabha Khosla, Toronto Women's City Alliance (EX.Main.EX32.1.13)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36874.pdf
(April 22, 2013) E-mail from Sue Goldstein and Naomi Binder, International Jewish Anti-Zionist Network (EX.Main.EX32.1.14)
(April 22, 2013) Letter from Joe Clark (EX.Main.EX32.1.15)
(April 22, 2013) E-mail from Art Young, Palestine House (EX.Main.EX32.1.16)
(April 22, 2013) E-mail from Deborah Mandell, Women in Solidarity with Palestine (EX.Main.EX32.1.17)
(April 22, 2013) E-mail from Wangui Kimari, York University Graduate Students (EX.Main.EX32.1.18)
(April 22, 2013) E-mail from James Campbell on behalf of Educators for Peace and Justice (EX.Main.EX32.1.19)
(April 23, 2013) Letter from J.A. MacNeil, Canadians for Justice and Peace in the Middle East (EX.Main.EX32.1.20)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36865.pdf
(April 22, 2013) E-mail from Gary Pieters, Urban Alliance on Race Relations (EX.Main.EX32.1.21)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36866.pdf
(April 22, 2013) Letter from John Campey, Executive Director, Social Planning Toronto (EX.Main.EX32.1.22)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36867.pdf
(April 22, 2013) Letter from Henry Lowi on behalf of the Toronto Board of Directors of the United Jewish People's Order (EX.Main.EX32.1.23)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36863.pdf
(April 23, 2013) E-mail from Nahed Mansour (EX.Main.EX32.1.24)
(April 23, 2013) Submission from Don Schmidt (EX.Main.EX32.1.25)
(April 23, 2013) Submission from Tony Souza (EX.Main.EX32.1.26)
(April 23, 2013) Submission from Lester Brown (EX.Main.EX32.1.27)
(April 23, 2013) Submission from Nigel Barriffe (EX.Main.EX32.1.28)
(May 3, 2013) E-mail from Hamish Wilson (EX.Main.EX32.1.29)
(May 21, 2013) E-mail from Anita Block (EX.Main.EX32.1.30)
(May 21, 2013) E-mail from Sheryl Nestel (EX.Main.EX32.1.31)
(May 21, 2013) E-mail from Bernard and Gilda Katz (EX.Supp.EX32.1.32)
(May 22, 2013) E-mail from Joanna Reynolds (EX.Supp.EX32.1.33)
(May 23, 2013) E-mail from Tony Souza (EX.Supp.EX32.1.34)
(May 23, 2013) E-mail from Smadar Carmon (EX.Supp.EX32.1.35)
(May 23, 2013) E-mail from Sheila Sullivan (EX.Supp.EX32.1.36)
(May 23, 2013) E-mail from Greg Bird (EX.Supp.EX32.1.37)
(May 24, 2013) E-mail from Dianne Moore (EX.Supp.EX32.1.38)
(May 24, 2013) E-mail from Gary Kinsman (EX.Supp.EX32.1.39)
(May 24, 2013) E-mail from Robert Fung (EX.Supp.EX32.1.40)
(May 24, 2013) E-mail from Molly Kraft (EX.Supp.EX32.1.41)
(May 25, 2013) E-mail from Jackson Davidow (EX.Supp.EX32.1.42)
(May 26, 2013) E-mail from Suzanne Weiss (EX.Supp.EX32.1.43)
(May 27, 2013) E-mail from Alisa Gayle (EX.Supp.EX32.1.44)
(May 27, 2013) E-mail from Lisa Clarke, on behalf of Leo Adler (EX.New.EX32.1.45)
(May 28, 2013) E-mail from Sue Goldstein (EX.New.EX32.1.46)
(May 28, 2013) Submission from Ted Schmidt (EX.New.EX32.1.47)
(May 28, 2013) Letter from Tiphaera Ziner-Cohen, submitted by David Nitkin (EX.New.Ex32.1.48)
(May 28, 2013) Submission from Lester Brown (EX.New.EX32.1.49)
(May 28, 2013) Submission from Stacey Starkman (EX.New.EX32.1.50)
(May 28, 2013) Submission from Sam Eskanasi (EX.New.EX32.1.51)
(May 28, 2013) Submission from Hamish Wilson (EX.New.EX32.1.52)
(May 28, 2013) Submission from Paul Ross (EX.New.EX32.1.53)
(May 28, 2013) Submission from Gene Tishauer (EX.New.EX32.1.54)
(May 28, 2013) Submission from Rabbi Baruch Frydman-Kohl (EX.New.EX32.1.55)
(May 26, 2013) Letter from Andria Spindel (EX.New.EX32.1.56)
(May 28, 2013) E-mail from Jaymie (EX.New.EX32.1.57)
(May 28, 2013) E-mail from Anthony Smith (EX.New.EX32.1.58)

Communications (City Council)

(May 27, 2013) Fax from Noreen Looney and Jeff Gold (CC.Main.EX32.1.59)
(June 10, 2013) E-mail from Richard Fung (CC.New.EX32.1.60)
(May 28, 2013) Letter from J.A. MacNeil, Canadians for Justice and Peace in the Middle East (CC.New.EX32.1.61)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-38851.pdf
(July 15, 2013) E-mail from Amy Casipullai, Senior Coordinator, Policy and Communications, Ontario Council of Agencies Serving Immigrants (OCASI) (CC.New.EX32.1.62)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-39107.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Kristyn Wong-Tam (Carried)

That City Council  amend Executive Committee Recommendation 13 by deleting the words "on City of Toronto Property" and inserting the words "in City of Toronto facilities/public space" and adding the words "under the Grants Policy, Human Rights and Anti-Harassment/Discrimination Policy and Hate Activity Policy" after the word "diversity" so that it now reads as follows:

 

13.       City Council direct that events which are funded by the City of Toronto, and/or take place in City of Toronto facilities/public space, are in accordance with the objectives of the City of Toronto of promoting respect, tolerance and diversity under the Grants Policy, Human Rights and Anti-Harassment/Discrimination Policy and Hate Activity Policy, and do not support partisan political activity as identified in section 5.1.6 of the amended Grants Policy, and that the grants guidelines and use of space guidelines are consistent with the amended Grants policy.

Vote (Amend Item) Jul-17-2013 9:58 AM

Result: Carried Majority Required - EX32.1 - Wong-Tam - motion 1
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Doug Holyday, 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, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 7 Members that were absent are Frank Di Giorgio, John Filion, Doug Ford, Rob Ford, Giorgio Mammoliti, John Parker, Anthony Perruzza

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-17-2013 9:58 AM

Result: Carried Majority Required - EX32.1 - Adopt the item as amended
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Maria Augimeri, Denzil Minnan-Wong
Total members that were Absent: 7 Members that were absent are Frank Di Giorgio, John Filion, Doug Ford, Rob Ford, Giorgio Mammoliti, John Parker, Anthony Perruzza

1a - Revisions to City's Grants Policy and Anti-Discrimination Policies - Legal Issues

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board
Background Information (Committee)
(April 8, 2013) Report from the City Solicitor on Revisions to City's Grants Policy and Anti-Discrimination Policies - Legal Issues
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57788.pdf
Confidential Attachment 1 - Confidential Attachment from City Solicitor on Grants Policy and Anti-Discrimination Policies - Legal Issues

1b - Amendments to the City of Toronto Grants Policy

Background Information (Committee)
(April 9, 2013) Report from the Executive Director, Social Development, Finance and Administration on Amendments to the City of Toronto Grants Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57790.pdf
Attachment - Appendix A - City of Toronto Community Grants Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57791.pdf

EX32.1 - Amendments to City of Toronto Anti-Discrimination Policies

Decision Type:
ACTION
Status:
Deferred
Wards:
All

City Council Decision

City Council on June 11, 12 and 13, 2013, deferred consideration of Item EX32.1 to the next regular meeting of City Council on July 16 and 17, 2013, to be considered as the first Item immediately following the Mayor's Key Matters. 

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on June 11, 2013, and considered confidential information on this Item as pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board

Background Information (Committee)

(April 9, 2013) Report from the City Manager on Amendments to City of Toronto Anti-Discrimination Policies
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58132.pdf
Appendix A - Declaration of Compliance with Anti-Harassment/Discrimination Legislation and City Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58133.pdf
Appendix B - Human Rights and Anti-Harassment/Discrimination Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58134.pdf
Appendix C - Hate Activity Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58135.pdf
Appendix D - Equity, Diversity and Human Rights Legislative and Policy Framework
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58136.pdf
Appendix E - Discrimination Complaints Handling Framework
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58137.pdf

Communications (Committee)

(February 19, 2013) E-mail from Nathalie Des Rosiers, General Counsel, Canadian Civil Liberties Association (EX.Main.EX32.1.1)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36881.pdf
(April 3, 2013) Letter from Charles Foran, President, PEN Canada (EX.Main.EX32.1.2)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36882.pdf
(April 6, 2013) E-mail from John Greyson (EX.Main.EX32.1.3)
(October 26, 2012) Letter from May Lui, Interim Executive Director, on behalf of Chinese Canadian National Council Toronto Chapter (EX.Main.EX32.1.4)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36884.pdf
(April 15, 2013) E-mail from Suzanne Weiss (EX.Main.EX32.1.5)
(April 12, 2013) Letter from Tamara Sabarini, Toronto Palestine Film Festival Organizing Committee (EX.Main.EX32.1.6)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36886.pdf
(April 18, 2013) E-mail from Ceta Ramkhalawansingh (EX.Main.EX32.1.7)
(April 19, 2013) Letter from Indu Vashist, Executive Director, South Asian Arts Centre (EX.Main.EX32.1.8)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36869.pdf
(April 19, 2013) E-mail from Elizabeth Block, Independent Jewish Voices (EX.Main.EX32.1.9)
(April 21, 2013) E-mail from Sriram Ananth, llian Burbanom, Katherine Nastowski, Ted Turner, Cynthia Wright, Members of Labour for Palestine-Toronto (EX.Main.EX32.1.10)
(April 21, 2013) E-mail from Dania Majid, Arab Canadian Lawyers Association (EX.Main.EX32.1.11)
(April 22, 2013) E-mail from Monira Kitmitto, Palestine House (EX.Main.EX32.1.12)
(April 20, 2013) Letter from Prabha Khosla, Toronto Women's City Alliance (EX.Main.EX32.1.13)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36874.pdf
(April 22, 2013) E-mail from Sue Goldstein and Naomi Binder, International Jewish Anti-Zionist Network (EX.Main.EX32.1.14)
(April 22, 2013) Letter from Joe Clark (EX.Main.EX32.1.15)
(April 22, 2013) E-mail from Art Young, Palestine House (EX.Main.EX32.1.16)
(April 22, 2013) E-mail from Deborah Mandell, Women in Solidarity with Palestine (EX.Main.EX32.1.17)
(April 22, 2013) E-mail from Wangui Kimari, York University Graduate Students (EX.Main.EX32.1.18)
(April 22, 2013) E-mail from James Campbell on behalf of Educators for Peace and Justice (EX.Main.EX32.1.19)
(April 23, 2013) Letter from J.A. MacNeil, Canadians for Justice and Peace in the Middle East (EX.Main.EX32.1.20)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36865.pdf
(April 22, 2013) E-mail from Gary Pieters, Urban Alliance on Race Relations (EX.Main.EX32.1.21)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36866.pdf
(April 22, 2013) Letter from John Campey, Executive Director, Social Planning Toronto (EX.Main.EX32.1.22)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36867.pdf
(April 22, 2013) Letter from Henry Lowi on behalf of the Toronto Board of Directors of the United Jewish People's Order (EX.Main.EX32.1.23)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36863.pdf
(April 23, 2013) E-mail from Nahed Mansour (EX.Main.EX32.1.24)
(April 23, 2013) Submission from Don Schmidt (EX.Main.EX32.1.25)
(April 23, 2013) Submission from Tony Souza (EX.Main.EX32.1.26)
(April 23, 2013) Submission from Lester Brown (EX.Main.EX32.1.27)
(April 23, 2013) Submission from Nigel Barriffe (EX.Main.EX32.1.28)
(May 3, 2013) E-mail from Hamish Wilson (EX.Main.EX32.1.29)
(May 21, 2013) E-mail from Anita Block (EX.Main.EX32.1.30)
(May 21, 2013) E-mail from Sheryl Nestel (EX.Main.EX32.1.31)
(May 21, 2013) E-mail from Bernard and Gilda Katz (EX.Supp.EX32.1.32)
(May 22, 2013) E-mail from Joanna Reynolds (EX.Supp.EX32.1.33)
(May 23, 2013) E-mail from Tony Souza (EX.Supp.EX32.1.34)
(May 23, 2013) E-mail from Smadar Carmon (EX.Supp.EX32.1.35)
(May 23, 2013) E-mail from Sheila Sullivan (EX.Supp.EX32.1.36)
(May 23, 2013) E-mail from Greg Bird (EX.Supp.EX32.1.37)
(May 24, 2013) E-mail from Dianne Moore (EX.Supp.EX32.1.38)
(May 24, 2013) E-mail from Gary Kinsman (EX.Supp.EX32.1.39)
(May 24, 2013) E-mail from Robert Fung (EX.Supp.EX32.1.40)
(May 24, 2013) E-mail from Molly Kraft (EX.Supp.EX32.1.41)
(May 25, 2013) E-mail from Jackson Davidow (EX.Supp.EX32.1.42)
(May 26, 2013) E-mail from Suzanne Weiss (EX.Supp.EX32.1.43)
(May 27, 2013) E-mail from Alisa Gayle (EX.Supp.EX32.1.44)
(May 27, 2013) E-mail from Lisa Clarke, on behalf of Leo Adler (EX.New.EX32.1.45)
(May 28, 2013) E-mail from Sue Goldstein (EX.New.EX32.1.46)
(May 28, 2013) Submission from Ted Schmidt (EX.New.EX32.1.47)
(May 28, 2013) Letter from Tiphaera Ziner-Cohen, submitted by David Nitkin (EX.New.Ex32.1.48)
(May 28, 2013) Submission from Lester Brown (EX.New.EX32.1.49)
(May 28, 2013) Submission from Stacey Starkman (EX.New.EX32.1.50)
(May 28, 2013) Submission from Sam Eskanasi (EX.New.EX32.1.51)
(May 28, 2013) Submission from Hamish Wilson (EX.New.EX32.1.52)
(May 28, 2013) Submission from Paul Ross (EX.New.EX32.1.53)
(May 28, 2013) Submission from Gene Tishauer (EX.New.EX32.1.54)
(May 28, 2013) Submission from Rabbi Baruch Frydman-Kohl (EX.New.EX32.1.55)
(May 26, 2013) Letter from Andria Spindel (EX.New.EX32.1.56)
(May 28, 2013) E-mail from Jaymie (EX.New.EX32.1.57)
(May 28, 2013) E-mail from Anthony Smith (EX.New.EX32.1.58)

Communications (City Council)

(May 27, 2013) Fax from Noreen Looney and Jeff Gold (CC.Main.EX32.1.59)
(June 10, 2013) E-mail from Richard Fung (CC.New.EX32.1.60)
(May 28, 2013) Letter from J.A. MacNeil, Canadians for Justice and Peace in the Middle East (CC.New.EX32.1.61)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-38212.pdf

Motions (City Council)

Report of Committee of the Whole

June 11, 2013 at 7:46 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item EX32.1 - Amendments to City of Toronto Anti-Discrimination Policies.  No motions were moved during the closed session.


1 - Motion to Defer Item moved by Councillor David Shiner (Carried)
That consideration of the item be deferred until the July 16 and 17, 2013 meeting of City Council as the first Item immediately following the Mayor's Key Matters.

Vote (Defer Item) Jun-13-2013 12:09 PM

Result: Carried Majority Required - EX32.1 - Shiner - motion 1 - Defer the item
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Mark Grimes, Doug Holyday, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Janet Davis
Total members that were Absent: 9 Members that were absent are Rob Ford, Mary Fragedakis, Norman Kelly, Gloria Lindsay Luby, Giorgio Mammoliti, Joe Mihevc, Ron Moeser, Cesar Palacio, Michael Thompson

1a - Revisions to City's Grants Policy and Anti-Discrimination Policies - Legal Issues

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board
Background Information (Committee)
(April 8, 2013) Report from the City Solicitor on Revisions to City's Grants Policy and Anti-Discrimination Policies - Legal Issues
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57788.pdf
Confidential Attachment 1 - Confidential Attachment from City Solicitor on Grants Policy and Anti-Discrimination Policies - Legal Issues

1b - Amendments to the City of Toronto Grants Policy

Background Information (Committee)
(April 9, 2013) Report from the Executive Director, Social Development, Finance and Administration on Amendments to the City of Toronto Grants Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57790.pdf
Attachment - Appendix A - City of Toronto Community Grants Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57791.pdf

EX32.1 - Amendments to City of Toronto Anti-Discrimination Policies

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council adopt the revised Declaration of Compliance with Anti-Harassment/Discrimination Legislation and City Policy (the template for Divisional use is attached as Appendix A to the report (April 9, 2013) from the City Manager).

 

2.         City Council adopt the amended Human Rights and Anti-Harassment/Discrimination Policy (Appendix B to the report (April 9, 2013) from the City Manager).

 

3.         City Council adopt the amended Hate Activity Policy (Appendix C to the report (April 9, 2013) from the City Manager).

 

4.         City Council request City agencies and corporations to:

 

a.         review and amend their Human Rights and Anti-Harassment/Discrimination and Hate Activity Policies to reflect the purpose and principles of the City's Policies as appropriate to their organizations, and/or adopt such policies;

 

b.         post such policies so that they are easily accessible to employees and service recipients pursuant to their obligations under applicable legislation by the fall of 2013.

 

5.         City Council receive the report (April 8, 2013) from the City Solicitor for information.

 

6.         City Council direct that the confidential information in Attachment 1 to the report (April 8, 2013) from the City Solicitor shall remain confidential in its entirety as it relates to litigation or potential litigation affecting the City of Toronto.

 

7.         City Council approve the revised City of Toronto Community Grants Policy as presented in Appendix A to the report (April 9, 2013) from the Executive Director, Social Development, Finance and Administration.

 

8.         City Council direct the Director, Equity, Diversity and Human Rights and the Executive Director, Social Development Finance and Administration to research and propose a City of Toronto protocol to facilitate resolution of competing interests conflicts.

 

9.         City Council direct that the Toronto anti-discrimination policy include a provision that requires an organization that receives either direct or indirect cultural funding from the City to not permit any hate speech or discriminatory behaviour or messaging that is contrary to the City's Policy, in which case the direct funding is to be returned to the City or refused by the City.

 

10.       City Council endorse the principle in the report (April 9, 2013) from the City Manager, that "Pride and all groups with competing interests ensure that they are complying with the Ontario Human Rights Code, not contravening hate provisions of the Criminal Code and that all sides are demonstrating mutual respect for the dignity and worth of all involved."

 

11.       City Council request an automatic review of the City of Toronto anti-discrimination policy at least one time each Council term.

 

12.       City Council direct that use of the Major Cultural funding for the Pride Festival be limited to support for cultural elements of the festival including the performance stages and not be used to support the Pride Parade.

 

13.       City Council direct that events which are funded by the City of Toronto, and/or take place on City of Toronto property, are in accordance with the objectives of the City of Toronto of promoting respect, tolerance and diversity, and do not support partisan political activity as identified in section 5.1.6 of the amended Grants Policy, and that the grants guidelines and use of space guidelines are consistent with the amended Grants policy.

 

14.       City Council request the Executive Director, Social Development, Finance and Administration to research and propose a City of Toronto protocol to facilitate resolution of competing interest conflicts.

Origin

(April 9, 2013) Report from the City Manager

Summary

This report clarifies the City's process for dealing with discrimination complaints related to City services that are directly delivered and those that are contracted/delivered by third parties. 

 

The report responds to the September 2012 Executive Committee motions to report on amendments to the City's anti-discrimination policies and to revise the Declaration of Compliance. The Hate Activity and Human Rights and Anti-Harassment /Discrimination Policies have been amended to include new Code grounds; evolving legislated obligations; clarification of requirements regarding third party providers of City services and provisions to ensure that events funded by the City and/or that take place on City property comply with City anti-discrimination expectations while promoting respect, tolerance and diversity.  The Hate Activity and Anti-Harassment/Discrimination Policies both include language in response to the request by the Executive Committee: "the City condemns harassment, denigration, discriminatory actions and promotion of hatred."  Amended procedures will be implemented to ensure consistent handling of hate activity and harassment/discrimination complaints. The City Solicitor has submitted a separate report commenting on the original policy wording as requested by Executive Committee. 

 

All third-party organizations/individuals that engage in a contract relationship with the City (e.g. permit holders, grant recipients, contractors) are required to sign a Declaration of Compliance with Anti-Harassment/Discrimination Legislation and City Policy.  The Declaration reflects anti-discrimination obligations contained in legislation and City Policy that the City expects third party service providers to uphold.  The Declaration now includes the grounds of "level of literacy" and "political affiliation" as the two grounds that go beyond the Ontario Human Rights Code but are included in City policies. All City legal agreements to which the Declaration applies, will include provisions that stipulate that discrimination complaints must be resolved to the satisfaction of the operating division and the City Solicitor or the contract may be terminated.  

 

While the report addresses the obligations of grant recipients to abide by the City's anti-discrimination expectations or be subjected to consequences for non-compliance, the motions regarding amendments to the City's Grants Policy and funding conditions are being addressed in a separate report by Social Development, Finance and Administration Division.

 

To ensure a consistent equity approach, the City's Agencies and Corporations are requested to review and amend their Anti-Harassment/Discrimination Policies to reflect the purpose and principles of the City's Policies as appropriate to their organizations, and/or adopt such policies.

 

The policy amendments will continue to advance the City's equity commitments while minimizing financial risk resulting from provincial complaints tribunals.

Background Information

(April 9, 2013) Report from the City Manager on Amendments to City of Toronto Anti-Discrimination Policies
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58132.pdf
Appendix A - Declaration of Compliance with Anti-Harassment/Discrimination Legislation and City Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58133.pdf
Appendix B - Human Rights and Anti-Harassment/Discrimination Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58134.pdf
Appendix C - Hate Activity Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58135.pdf
Appendix D - Equity, Diversity and Human Rights Legislative and Policy Framework
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58136.pdf
Appendix E - Discrimination Complaints Handling Framework
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58137.pdf

Communications

(February 19, 2013) E-mail from Nathalie Des Rosiers, General Counsel, Canadian Civil Liberties Association (EX.Main.EX32.1.1)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36881.pdf
(April 3, 2013) Letter from Charles Foran, President, PEN Canada (EX.Main.EX32.1.2)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36882.pdf
(April 6, 2013) E-mail from John Greyson (EX.Main.EX32.1.3)
(October 26, 2012) Letter from May Lui, Interim Executive Director, on behalf of Chinese Canadian National Council Toronto Chapter (EX.Main.EX32.1.4)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36884.pdf
(April 15, 2013) E-mail from Suzanne Weiss (EX.Main.EX32.1.5)
(April 12, 2013) Letter from Tamara Sabarini, Toronto Palestine Film Festival Organizing Committee (EX.Main.EX32.1.6)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36886.pdf
(April 18, 2013) E-mail from Ceta Ramkhalawansingh (EX.Main.EX32.1.7)
(April 19, 2013) Letter from Indu Vashist, Executive Director, South Asian Arts Centre (EX.Main.EX32.1.8)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36869.pdf
(April 19, 2013) E-mail from Elizabeth Block, Independent Jewish Voices (EX.Main.EX32.1.9)
(April 21, 2013) E-mail from Sriram Ananth, llian Burbanom, Katherine Nastowski, Ted Turner, Cynthia Wright, Members of Labour for Palestine-Toronto (EX.Main.EX32.1.10)
(April 21, 2013) E-mail from Dania Majid, Arab Canadian Lawyers Association (EX.Main.EX32.1.11)
(April 22, 2013) E-mail from Monira Kitmitto, Palestine House (EX.Main.EX32.1.12)
(April 20, 2013) Letter from Prabha Khosla, Toronto Women's City Alliance (EX.Main.EX32.1.13)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36874.pdf
(April 22, 2013) E-mail from Sue Goldstein and Naomi Binder, International Jewish Anti-Zionist Network (EX.Main.EX32.1.14)
(April 22, 2013) Letter from Joe Clark (EX.Main.EX32.1.15)
(April 22, 2013) E-mail from Art Young, Palestine House (EX.Main.EX32.1.16)
(April 22, 2013) E-mail from Deborah Mandell, Women in Solidarity with Palestine (EX.Main.EX32.1.17)
(April 22, 2013) E-mail from Wangui Kimari, York University Graduate Students (EX.Main.EX32.1.18)
(April 22, 2013) E-mail from James Campbell on behalf of Educators for Peace and Justice (EX.Main.EX32.1.19)
(April 23, 2013) Letter from J.A. MacNeil, Canadians for Justice and Peace in the Middle East (EX.Main.EX32.1.20)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36865.pdf
(April 22, 2013) E-mail from Gary Pieters, Urban Alliance on Race Relations (EX.Main.EX32.1.21)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36866.pdf
(April 22, 2013) Letter from John Campey, Executive Director, Social Planning Toronto (EX.Main.EX32.1.22)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36867.pdf
(April 22, 2013) Letter from Henry Lowi on behalf of the Toronto Board of Directors of the United Jewish People's Order (EX.Main.EX32.1.23)
https://www.toronto.ca/legdocs/mmis/2013/ex/comm/communicationfile-36863.pdf
(April 23, 2013) E-mail from Nahed Mansour (EX.Main.EX32.1.24)
(April 23, 2013) Submission from Don Schmidt (EX.Main.EX32.1.25)
(April 23, 2013) Submission from Tony Souza (EX.Main.EX32.1.26)
(April 23, 2013) Submission from Lester Brown (EX.Main.EX32.1.27)
(April 23, 2013) Submission from Nigel Barriffe (EX.Main.EX32.1.28)
(May 3, 2013) E-mail from Hamish Wilson (EX.Main.EX32.1.29)
(May 21, 2013) E-mail from Anita Block (EX.Main.EX32.1.30)
(May 21, 2013) E-mail from Sheryl Nestel (EX.Main.EX32.1.31)
(May 21, 2013) E-mail from Bernard and Gilda Katz (EX.Supp.EX32.1.32)
(May 22, 2013) E-mail from Joanna Reynolds (EX.Supp.EX32.1.33)
(May 23, 2013) E-mail from Tony Souza (EX.Supp.EX32.1.34)
(May 23, 2013) E-mail from Smadar Carmon (EX.Supp.EX32.1.35)
(May 23, 2013) E-mail from Sheila Sullivan (EX.Supp.EX32.1.36)
(May 23, 2013) E-mail from Greg Bird (EX.Supp.EX32.1.37)
(May 24, 2013) E-mail from Dianne Moore (EX.Supp.EX32.1.38)
(May 24, 2013) E-mail from Gary Kinsman (EX.Supp.EX32.1.39)
(May 24, 2013) E-mail from Robert Fung (EX.Supp.EX32.1.40)
(May 24, 2013) E-mail from Molly Kraft (EX.Supp.EX32.1.41)
(May 25, 2013) E-mail from Jackson Davidow (EX.Supp.EX32.1.42)
(May 26, 2013) E-mail from Suzanne Weiss (EX.Supp.EX32.1.43)
(May 27, 2013) E-mail from Alisa Gayle (EX.Supp.EX32.1.44)
(May 27, 2013) E-mail from Lisa Clarke, on behalf of Leo Adler (EX.New.EX32.1.45)
(May 28, 2013) E-mail from Sue Goldstein (EX.New.EX32.1.46)
(May 28, 2013) Submission from Ted Schmidt (EX.New.EX32.1.47)
(May 28, 2013) Letter from Tiphaera Ziner-Cohen, submitted by David Nitkin (EX.New.Ex32.1.48)
(May 28, 2013) Submission from Lester Brown (EX.New.EX32.1.49)
(May 28, 2013) Submission from Stacey Starkman (EX.New.EX32.1.50)
(May 28, 2013) Submission from Sam Eskanasi (EX.New.EX32.1.51)
(May 28, 2013) Submission from Hamish Wilson (EX.New.EX32.1.52)
(May 28, 2013) Submission from Paul Ross (EX.New.EX32.1.53)
(May 28, 2013) Submission from Gene Tishauer (EX.New.EX32.1.54)
(May 28, 2013) Submission from Rabbi Baruch Frydman-Kohl (EX.New.EX32.1.55)
(May 26, 2013) Letter from Andria Spindel (EX.New.EX32.1.56)
(May 28, 2013) E-mail from Jaymie (EX.New.EX32.1.57)
(May 28, 2013) E-mail from Anthony Smith (EX.New.EX32.1.58)

Speakers

(April 23, 2013) Debbie Douglas, Executive Director, Ontario Council of Agencies Serving Immigrants (OCASI)
(April 23, 2013) Ceta Ramkhalawansingh
(April 23, 2013) Nick Mule, Chairperson, Queer Ontario
(April 23, 2013) Joan A. MacNeil, Canadians for Justice and Peace in the Middle East - Toronto
(April 23, 2013) Lester Brown (Submission Filed)
(April 23, 2013) Anita Block
(April 23, 2013) Gene Tishauer
(April 23, 2013) Don Schmidt (Submission Filed)
(April 23, 2013) Sara Traub
(April 23, 2013) Anita Bromberg, National Director, Legal Affairs, B'nai Brith Canada
(April 23, 2013) Nigel Barriffe, Urban Alliance on Race Relations (UARR) (Submission Filed)
(April 23, 2013) Sue Goldstein, International Jewish Anti-Zionist Network (IJAN)
(April 23, 2013) Elle Flanders
(April 23, 2013) Stephen Adler, Centre for Israel and Jewish Affairs
(April 23, 2013) Howard English, Senior Up, Centre for Israel and Jewish Affairs
(April 23, 2013) Joan Anderson, Toronto HIV/Aids Network
(April 23, 2013) Christian Hui, Steering Committee Member, Toronto HIV/AIDS Network
(April 23, 2013) Tony Souza, Queers Against Israeli Apartheid (Submission Filed)
(April 23, 2013) Elizabeth Block, Independent Jewish Voices
(April 23, 2013) Hamish Wilson
(April 23, 2013) Sriram Ananth, Member, Labour for Palestine
(April 23, 2013) Susan Gapka, Trans Lobby Group
(April 23, 2013) Suzanne Weiss
(April 23, 2013) Francisco Alvarez, Co-Chair, Pride Toronto
(April 23, 2013) Sean Hillier, Co-Chair, Pride Toronto
(May 28, 2013) Carol Rawson
(May 28, 2013) Martin Gladstone
(May 28, 2013) David Nitkin
(May 28, 2013) Sam Eskenasi, Communication Officer, B'nai Brith Canada (Submission Filed)
(May 28, 2013) Shirley Anne Haber, President, The Speakers Action Group
(May 28, 2013) Dr. Joel Goldman
(May 28, 2013) Ted Schmidt (Submission Filed)
(May 28, 2013) Dr. Paul Druzin
(May 28, 2013) Lester Brown (Submission Filed)
(May 28, 2013) Richard Klagsbrun
(May 28, 2013) Stacey Starkman, Comminications Manager, Friends of Simon Wiesenthal Centre (Submission Filed)
(May 28, 2013) Joan MacNeil, Canadians for Justice and Peace in the Middle East
(May 28, 2013) Arthur Arbour, Christian Peacemaker Teams
(May 28, 2013) Kelly Baumgartner
(May 28, 2013) Hina Thompson
(May 28, 2013) Sherman Hesselgrave
(May 28, 2013) Stephen Adler, Centre for Israel and Jewish Affairs
(May 28, 2013) Sue Goldstein, International Jewish Anti-Zionist Network (IJAN), Toronto
(May 28, 2013) Howard Davidson
(May 28, 2013) Hamish Wilson (Submission Filed)
(May 28, 2013) Paul Ross, Today's CLIC (Submission Filed)
(May 28, 2013) Niko Block, Queers Against Israeli Apartheid
(May 28, 2013) Hassan Maalbaki
(May 28, 2013) Gene Tishauer (Submission Filed)
(May 28, 2013) Tim McCaskell, Queers Against Israeli Apartheid
(May 28, 2013) Art Young
(May 28, 2013) E.V. Raymer, Canadians for Justice and Peace in the Middle East
(May 28, 2013) Francisco Alvarez, Co-chair, Pride Toronto
(May 28, 2013) Kevin Beaulieu, Executive Director, Pride Toronto
(May 28, 2013) Vivienne Ziner
(May 28, 2013) Suzanne Weiss
(May 28, 2013) Senior Rabbi Baruch Frydman-Kohl, President, Toronto Board of Rabbi, Anne and Max Tanenbaum Rabbinic Chair Beth Tzedec Congregation (Submission Filed)
(May 28, 2013) Susan Gapka
(May 28, 2013) Linda Meissenheimer
(May 28, 2013) Leo Adler
(May 28, 2013) Anita Block
(May 28, 2013) Councillor Janet Davis
(May 28, 2013) Councillor Kristyn Wong-Tam

Motions

1 - Motion to Set Committee Rule moved by Councillor Doug Holyday (Carried)

That:

 

1.         Public presentations be limited to 3 minutes.

 

2.         Questions of speakers by Members of Council, including Executive Committee members, be limited to 1 minute, with only one round of questions per Councillor.

Vote (Set Committee Rule) May-28-2013

Result: Carried Majority Required - Holyday - motion 1
Total members that voted Yes: 8 Members that voted Yes are Gary Crawford, Vincent Crisanti, Frank Di Giorgio, Rob Ford (Chair), Doug Holyday, Peter Milczyn, David Shiner, Michael Thompson
Total members that voted No: 1 Members that voted No are Paul Ainslie
Total members that were Absent: 4 Members that were absent are Norman Kelly, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson

2 - Motion to Amend Item (Additional) moved by Councillor Frank Di Giorgio (Carried)

That the Toronto anti-discrimination policy include a provision that requires an organization that receives either direct or indirect cultural funding from the City to not permit any hate speech or discriminatory behaviour or messaging that is contrary to the City's Policy, in which case the direct funding is to be returned to the City or refused by the City.

Vote (Amend Item (Additional)) May-28-2013

Result: Carried Majority Required - Di Giorgio - motion 2
Total members that voted Yes: 8 Members that voted Yes are Gary Crawford, Vincent Crisanti, Frank Di Giorgio, Rob Ford (Chair), Doug Holyday, Norman Kelly, Cesar Palacio, David Shiner
Total members that voted No: 4 Members that voted No are Paul Ainslie, Peter Milczyn, Jaye Robinson, Michael Thompson
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

3 - Motion to Amend Item (Additional) moved by Councillor Jaye Robinson (Carried)

That the Executive Committee endorse the principle in the report (April 9, 2013) from the City Manager, that "Pride and all groups with competing interests ensure that they are complying with the Ontario Human Rights Code, not contravening hate provisions of the Criminal Code and that all sides are demonstrating mutual respect for the dignity and worth of all involved."

Vote (Amend Item (Additional)) May-28-2013

Result: Carried Majority Required - Robinson - motion 3
Total members that voted Yes: 11 Members that voted Yes are Paul Ainslie, Gary Crawford, Vincent Crisanti, Frank Di Giorgio, Rob Ford (Chair), Doug Holyday, Peter Milczyn, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson
Total members that voted No: 1 Members that voted No are Norman Kelly
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

4 - Motion to Amend Item (Additional) moved by Councillor Jaye Robinson (Carried)

That the Executive Committee endorse an automatic review of the City of Toronto anti-discrimination policy at least one time each Council term.

Vote (Amend Item (Additional)) May-28-2013

Result: Carried Majority Required - Robinson - motion 4
Total members that voted Yes: 12 Members that voted Yes are Paul Ainslie, Gary Crawford, Vincent Crisanti, Frank Di Giorgio, Rob Ford (Chair), Doug Holyday, Norman Kelly, Peter Milczyn, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

5 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That:

 

1.         City Council direct that use of the Major Cultural funding for the Pride Festival be limited to support for cultural elements of the festival including the performance stages and not be used to support the Pride Parade.

Vote (Amend Item (Additional)) May-28-2013

Result: Carried Majority Required - Shiner - motion 5
Total members that voted Yes: 9 Members that voted Yes are Vincent Crisanti, Frank Di Giorgio, Rob Ford (Chair), Doug Holyday, Norman Kelly, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson
Total members that voted No: 3 Members that voted No are Paul Ainslie, Gary Crawford, Peter Milczyn
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

6 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Lost)

That:

 

1.         City Council adopt the policy that the receiving of City funding or permission to use City property, including the property of the City's agencies and corporations, be subject to no City resources being used for partisan political activity, including but not limited to:

 

-           Carrying on any activity in support of, within or in opposition to a political party,

 

-           Carrying on any activity in support of, or in opposition to, a candidate before or during an election period; or

 

-           Seeking nomination as, or being, a candidate in an election before or during the election period.

Vote (Amend Item (Additional)) May-28-2013

Result: Lost (tie) Majority Required - Shiner - motion 6
Total members that voted Yes: 6 Members that voted Yes are Vincent Crisanti, Frank Di Giorgio, Rob Ford (Chair), Doug Holyday, Cesar Palacio, David Shiner
Total members that voted No: 6 Members that voted No are Paul Ainslie, Gary Crawford, Norman Kelly, Peter Milczyn, Jaye Robinson, Michael Thompson
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

7 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That:

 

1.         City Council direct that events which are funded by the City of Toronto, and/or take place on City of Toronto property, are in accordance with the objectives of the City of Toronto of promoting respect, tolerance and diversity, and do not support partisan political activity as identified in section 5.1.6 of the amended Grants Policy, and that the grants guidelines and use of space guidelines are consistent with the amended Grants policy.

 

2.         City Council request the Executive Director, Social Development, Finance and Administration to research and propose a City of Toronto protocol to facilitate resolution of competing interest conflicts.

Vote (Amend Item (Additional)) May-28-2013

Result: Carried Majority Required - Shiner - motion 7
Total members that voted Yes: 10 Members that voted Yes are Gary Crawford, Vincent Crisanti, Frank Di Giorgio, Rob Ford (Chair), Doug Holyday, Norman Kelly, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson
Total members that voted No: 2 Members that voted No are Paul Ainslie, Peter Milczyn
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

8 - Motion to Refer Motion moved by Councillor Norman Kelly (Lost)

That motions 2, 3, 4, 5, 6, and 7 be referred to the City Manager with the request that he report directly to City Council.


9 - Motion to Adopt Item as Amended moved by Mayor Rob Ford (Carried)

That the Items EX32.1, EX32.1a and EX32.1b, be adopted as amended

Vote (Adopt Item as Amended) May-28-2013

Result: Carried Majority Required - Ford - motion 9
Total members that voted Yes: 12 Members that voted Yes are Paul Ainslie, Gary Crawford, Vincent Crisanti, Frank Di Giorgio, Rob Ford (Chair), Doug Holyday, Norman Kelly, Peter Milczyn, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

1a - Revisions to City's Grants Policy and Anti-Discrimination Policies - Legal Issues

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board
Origin
(April 8, 2013) Report from the City Solicitor
Summary

This report has been prepared to provide confidential commentary on the recent Supreme Court of Canada decision in Saskatchewan (Human Rights Commission) v. Whatcott which was released on February 27, 2013 and issues arising from the two reports which shall be before Executive Committee for its consideration on April 23, 2013 respecting proposed amendments to the City's Grants Policy and Anti-Discrimination policies arising from direction given by the Committee at its meeting of September 10, 2012.

Background Information
(April 8, 2013) Report from the City Solicitor on Revisions to City's Grants Policy and Anti-Discrimination Policies - Legal Issues
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57788.pdf
Confidential Attachment 1 - Confidential Attachment from City Solicitor on Grants Policy and Anti-Discrimination Policies - Legal Issues

1b - Amendments to the City of Toronto Grants Policy

Origin
(April 9, 2013) Report from the Executive Director, Social Development, Finance and Administration
Summary

This report responds to Executive Committee’s directions of September 10th, 2012 to "report on amendments to the City's Grants Policy and ensure that events which are funded by the City of Toronto, and/or take place on City of Toronto property, are in accordance with the objectives of the City of Toronto of promoting respect, tolerance and diversity and that the grants guidelines and use of space guidelines are consistent with the amended grants policy." 

 

The report recommends approval of a revised City of Toronto Grants Policy that: is aligned with the revised City of Toronto Anti-Discrimination Policies (contained in a separate report from the City Manager), integrates existing guidelines on anti-discrimination, complaints, customer service, program standards and performance measures and appeals, and incorporates former stand-alone policies on financial health and partisan political activity.

 

The report advises that the City of Toronto Grants Policy does not include provisions or mechanisms that would preclude an organization from being recommended for funding due to the use of the term "Israeli Apartheid" or other language that may be considered offensive, but not contrary to the Ontario Human Rights Code or Criminal Code.

 

The report does clarify Council's ability to add conditions to funding under the policy, reaffirms the appropriate mechanisms to deal with complaints about contracted services and City-funded activity, and highlights the complexity of dealing with "competing interests" among equity-seeking groups at the municipal level.

 

The City Solicitor has also submitted a report to Executive Committee on this matter.

Issues related to Executive Committee's other directions on anti-discrimination policies will be addressed in a report from the Equity, Diversity and Human Rights Division of the City Manager's Office.

Background Information
(April 9, 2013) Report from the Executive Director, Social Development, Finance and Administration on Amendments to the City of Toronto Grants Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57790.pdf
Attachment - Appendix A - City of Toronto Community Grants Policy
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57791.pdf
Source: Toronto City Clerk at www.toronto.ca/council