Item - 2014.CD29.11

Tracking Status

CD29.11 - Access to City Services for Undocumented Torontonians

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on June 10, 11, 12 and 13, 2014, adopted the following:

 

1.         City Council direct that immigration/citizenship information only be collected where specifically required by either Provincial or Federal legislation, policies or agreements and request the City Solicitor to report back to the Community Development and Recreation Committee on whether Council can direct that this information shall not be shared outside the City division, agency or corporation which has collected it, unless through the informed consent of the Toronto resident to whom it concerns.

 

2.         City Council direct City divisions, agencies and corporations to review their policies and procedures to ensure consistency with Council’s commitment to access to City services for undocumented Torontonians and City Council also direct City divisions, agencies and corporations granting funds to ensure that grant recipients comply with the City’s position on access to services forum documented Torontonians when collecting participant information as part of their City of Toronto grant.

 

3.         City Council direct the Executive Director, Human Resources, and the Executive Director, Social Development, Finance and Administration, and other City divisions, agencies and corporations as required, to implement a compulsory training program to inform, educate and train all appropriate City staff and volunteers regarding access to City services for undocumented Torontonians and determine the costs associated to implement the plan and report any implications through the 2015 budget process.

 

4.         City Council request the Director, Strategic Communications, and the Executive Director, Social Development, Finance and Administration to implement a Communications Plan including a public education strategy to inform all City staff, community organizations and Torontonians of the City’s commitment to and measures for ensuring access to City services for undocumented Torontonians and determine the costs associated to implement the plan and report any implications through the 2015 budget process. 

 

5.         City Council request that the General Manager, Children’s Services advocate with Ministry of Education officials regarding guidelines for accessing child care fee subsidy for immigrants without full status or full status documents.

 

6.         City Council request the Provincial government to review the Ontario Works legislation and residency policy with a view to ensuring access to social services for undocumented Torontonians.

 

7.         City Council request the Provincial and Federal governments to reconsider immigration and refugee policies, in order to facilitate access to social assistance, health care and housing for undocumented Torontonians.

 

8.         City Council direct the Executive Director, Social Development, Finance and Administration to report back in the first update report to the new Council on Undocumented Torontonians on the need and proposed mandate for a City Task force to be formed to advocate to the Provincial government to review the Ontario Works legislation and residency policy with a view to ensuring access to social services for undocumented Torontonians.

 

9.         City Council direct the Executive Director, Social Development, Finance and Administration to evaluate and annually report on City divisions, agencies and corporations on the implementation of Access without Fear policies and procedures, training and communications/public education strategy and include mechanisms to obtain community feedback.

 

10.       City Council direct the Director, Equity, Diversity and Human Rights Division to work with the appropriate City officials to ensure that the City's Human Rights and Anti-Harassment/Discrimination Policy includes protections for equal treatment with respect to City services and facilities without discrimination or harassment because of immigration status.

 

11.       City Council direct the Executive Director, Social Development, Finance and Administration to continue exploring the viability of introducing a City of Toronto Municipal Identification Card through conversations with U.S. municipalities who have adopted them.

 

12.       City Council request the Toronto Police Services Board to work with the Chief of Police, Toronto Police Service and to review existing policies to ensure the Toronto Police Service complies with Toronto’s Access without Fear directives, as recommended by the Solidarity City Network.

 

13.       City Council forward this Item to the Federation of Canadian Municipalities and the Association of Municipalities of Ontario and encourage all member municipalities and municipal associations to support and develop “Access without fear” policies in their municipalities to facilitate access to social assistance, healthcare and housing for undocumented residents.

Background Information (Committee)

(May 7, 2014) Report and Appendices A-C from the Executive Director, Social Development, Finance and Administration on Access to City Services for Undocumented Torontonians
https://www.toronto.ca/legdocs/mmis/2014/cd/bgrd/backgroundfile-69193.pdf

Communications (Committee)

(May 22, 2014) Submission from Syed Hussan, Coordinator, Migrant Workers Alliance for Change (CD.New.CD29.11.1)
https://www.toronto.ca/legdocs/mmis/2014/cd/comm/communicationfile-47722.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Ron Moeser (Lost)

That City Council request the Executive Director, Social Development, Finance and Administration to report on the cost of providing services to undocumented Torontonians to the Budget Committee during the 2015 Budget process.

Vote (Amend Item (Additional)) Jun-10-2014 4:47 PM

Result: Lost Majority Required - CD29.11 - Moeser - motion 1
Total members that voted Yes: 18 Members that voted Yes are Paul Ainslie, Gary Crawford, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Norman Kelly, Chin Lee, Peter Leon, Gloria Lindsay Luby, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz
Total members that voted No: 19 Members that voted No are Maria Augimeri, Ana Bail„o, Shelley Carroll, Josh Colle, Janet Davis, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Mary Fragedakis, Mark Grimes, Mike Layton, Josh Matlow, Pam McConnell, Joe Mihevc, Cesar Palacio, John Parker, Gord Perks, Kristyn Wong-Tam
Total members that were Absent: 7 Members that were absent are Michelle Berardinetti, Raymond Cho, Vincent Crisanti, Rob Ford, Giorgio Mammoliti, Peter Milczyn, Michael Thompson

2 - Motion to Receive Item moved by Councillor David Shiner (Lost)
That the item be received for information.

Vote (Receive Item) Jun-10-2014 4:45 PM

Result: Lost Majority Required - CD29.11 - Shiner - motion 2 - Receive the item
Total members that voted Yes: 11 Members that voted Yes are Gary Crawford, Mike Del Grande, Doug Ford, Norman Kelly, Peter Leon, Gloria Lindsay Luby, Denzil Minnan-Wong, Ron Moeser, John Parker, David Shiner, Karen Stintz
Total members that voted No: 26 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Josh Colle, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Kristyn Wong-Tam
Total members that were Absent: 7 Members that were absent are Michelle Berardinetti, Raymond Cho, Vincent Crisanti, Rob Ford, Giorgio Mammoliti, Peter Milczyn, Michael Thompson

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jun-10-2014 4:47 PM

Result: Carried Majority Required - CD29.11 - Adopt the item
Total members that voted Yes: 29 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Mary Fragedakis, Mark Grimes, Mike Layton, Chin Lee, Peter Leon, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Kristyn Wong-Tam
Total members that voted No: 8 Members that voted No are Mike Del Grande, Norman Kelly, Gloria Lindsay Luby, Denzil Minnan-Wong, Ron Moeser, John Parker, David Shiner, Karen Stintz
Total members that were Absent: 7 Members that were absent are Michelle Berardinetti, Raymond Cho, Vincent Crisanti, Rob Ford, Giorgio Mammoliti, Peter Milczyn, Michael Thompson

Point of Privilege by Councillor Doug Ford

Councillor Ford, rising on a Point of Privilege, stated that a member of the public in the Council Chamber called had Councillor Stintz a liar and requested the Speaker to advise the public of the proper protocol in the Chamber.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and cautioned the members of the public.

CD29.11 - Access to City Services for Undocumented Torontonians

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Community Development and Recreation Committee recommends that:

 

1.         City Council direct that immigration/citizenship information only be collected where specifically required by either provincial or federal legislation, policies or agreements and request the City Solicitor to report back to the Community Development and Recreation Committee on whether Council can direct that this information shall not be shared outside the City division, agency or corporation which has collected it, unless through the informed consent of the Toronto resident to whom it concerns;

 

2.         City Council direct City divisions, agencies and corporations to review their policies and procedures to ensure consistency with Council’s commitment to access to City services for undocumented Torontonians; City Council should also direct City divisions, agencies and corporations granting funds to ensure that grant recipients comply with the City’s position on access to services forum documented Torontonians when collecting participant information as part of their City of Toronto grant;

 

3.         City Council direct the Executive Director, Human Resources, and Executive Director, Social Development, Finance and Administration, and other City division, agencies and corporations as required, to implement a compulsory training program to inform, educate and train all appropriate City staff and volunteers regarding access to City services for undocumented Torontonians and determine the costs associated to implement the plan and report any implications through the 2015 budget process;

 

4.         City Council request the Director, Strategic Communications, and the Executive Director, Social Development, Finance and Administration to implement a Communications Plan including a public education strategy to inform all City staff, community organizations and Torontonians of the City’s commitment to and measures for ensuring access to City services for undocumented Torontonians and determine the costs associated to implement the plan and report any implications through the 2015 budget process;

 

5.         City Council request that the General Manager of Children’s Services advocate with Ministry of Education officials regarding guidelines for accessing child care fee subsidy for immigrants without full status or full status documents;

 

6.         City Council request the Provincial government to review the Ontario Works legislation and residency policy with a view to ensuring access to social services for undocumented Torontonians;

 

7.         City Council request the Provincial and Federal governments reconsider immigration and refugee policies, in order to facilitate access to social assistance, health care and housing for undocumented Torontonians;

 

8.         City Council direct the Executive Director of Social Development, Finance and Administration to report back in the first update report to the new Council on Undocumented Torontonians on the need and proposed mandate for a City Task force be formed to advocate to the Provincial government to review the Ontario Works legislation and residency policy with a view to ensuring access to social services for undocumented Torontonians;

 

9.         City Council direct the Executive Director of Social Development, Finance & Administration to evaluate and annually report on City divisions, agencies and corporations on the implementation of Access without Fear policies and procedures, training and communications/public education strategy and include mechanisms to obtain community feedback;

 

10.       City Council direct the Director of the Equity, Diversity and Human Rights Division to work with the appropriate City officials to ensure that the City's Human Rights and Anti-Harassment/Discrimination Policy includes protections for equal treatment with respect to City services and facilities without discrimination or harassment because of immigration status;

 

11.       City Council direct the Executive Director, Social Development, Finance and Administration to continue exploring the viability of introducing a City of Toronto Municipal Identification Card through conversations with U.S. municipalities who have adopted them;

 

12.       City Council request the Toronto Police Services Board to work with the Chief of Police and review existing policies to ensure Police Services comply with Toronto’s Access without Fear directives, as recommended by the Solidarity City Network; and

 

13.       City Council forward this report and recommendations to the Federation of Canadian Municipalities and the Association of Municipalities of Ontario and encourage all member municipalities and municipal associations to support and develop “Access without fear” policies in their municipalities to facilitate access to social assistance, healthcare and housing for undocumented residents.

Origin

(May 7, 2014) Report from the Executive Director, Social Development, Finance and Administration

Summary

On February 20, 2013, in considering the report, "Undocumented Workers in Toronto" (CD 18.5), Council reaffirmed its commitment to ensuring that Torontonians without full status or full status documents have access to City services without fear, and requested that City staff improve undocumented Torontonians' access to City services.

 

In response, an Access to City Services for Undocumented Torontonians Working Group was created with the objective of improving access to City’s service for undocumented Torontonians without fear. Comprised of 21 City divisions, agencies and corporations, the Working Group has identified specific measures required to address the service delivery needs of undocumented Torontonians. Measures include:

 

1.         clarification of the City services that can be accessed by undocumented Torontonians without fear, those that require proof of identity, and options for the City to limit the collection of immigrant/citizenship information;

 

2.         a training plan for City staff;

 

3          clarification of the complaints process related to accessing City services;

 

4.         a public education campaign to raise awareness about the City's commitment to access without fear;

 

5.         supports to City-funded agencies to increase the role they play in increasing service access without fear; and

 

6.         work the City must do with other orders of government. This report provides an update on the implementation and implications of these measures.

Background Information

(May 7, 2014) Report and Appendices A-C from the Executive Director, Social Development, Finance and Administration on Access to City Services for Undocumented Torontonians
https://www.toronto.ca/legdocs/mmis/2014/cd/bgrd/backgroundfile-69193.pdf

Communications

(May 22, 2014) Submission from Syed Hussan, Coordinator, Migrant Workers Alliance for Change (CD.New.CD29.11.1)
https://www.toronto.ca/legdocs/mmis/2014/cd/comm/communicationfile-47722.pdf

Speakers

Amy Casipullai, Senior Coordinator, Policy and Communications, OCASI - Ontario Council of Agencies Serving Immigrants
Loly Rico, Co-Director, FCJ Refugee Centre
Ayesha Basit, No One Is Illegal-Toronto
Navjeet Sidhu and Ann De Shalit, Social Planning Toronto
Tzazna Miranda Leal, Parkdale Community Legal Services
Sonia Singh, Workers' Action Centre
Syed Hussan, Coordinator, Migrant Workers Alliance for Change
Bonita Roman, Social Worker, Immigrant Community Outreach, Law Office of Adela Crossley

Motions

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

Amend Recommendations 1 - 5 in the staff report :

 

1.         Amend Recommendation 1 by deleting "for the purposes of determining service/program eligibility" and adding "and request the City Solicitor to report back to the Community Development and Recreation Committee on whether Council can direct that this information shall not be shared outside the City division, agency or corporation which has collected it, unless through the informed consent of the Toronto resident to whom it concerns" following "agreements", so that it now reads:

 

"1.        City Council direct that immigration/citizenship information only be collected where specifically required by either provincial or federal legislation, policies or agreements and request the City Solicitor to report back to the Community Development and Recreation Committee on whether Council can direct that this information shall not be shared outside the City division, agency or corporation which has collected it, unless through the informed consent of the Toronto resident to whom it concerns;"

 

2.         Amend Recommendation 2 by adding "City Council should also direct City divisions, agencies and corporations granting funds to ensure that grant recipients comply with the City’s position on access to services for undocumented Torontonians when collecting participant information as part of their City of Toronto grant."

 

"2.        City Council direct City divisions, agencies and corporations to review their policies and procedures to ensure consistency with Council’s commitment to access to City services for undocumented Torontonians; City Council should also direct City divisions, agencies and corporations granting funds to ensure that grant recipients comply with the City’s position on access to services forum documented Torontonians when collecting participant information as part of their City of Toronto grant."

 

3.         Amend Recommendation 3 by adding "compulsory" following "implement a", and adding "and volunteers" following "City staff", so that it now reads:

 

"3.        City Council direct the Executive Director, Human Resources, and Executive Director, Social Development, Finance and Administration, and other City division, agencies and corporations as required, to implement a compulsory training program to inform, educate and train all appropriate City staff and volunteers regarding access to City services for undocumented Torontonians and determine the costs associated to implement the plan and report any implications through the 2015 budget process;"

 

4.         Amend Recommendation 4 by adding "including a public education strategy" following "Plan", so that it now reads:

 

"4.        City Council request the Director, Strategic Communications, and the Executive Director, Social Development, Finance and Administration to implement a Communications Plan including a public education strategy to inform all City staff, community organizations and Torontonians of the City’s commitment to and measures for ensuring access to City services for undocumented Torontonians and determine the costs associated to implement the plan and report any implications through the 2015 budget process;"

 

5.         Amend Recommendation 5 by deleting "continue to meet" and replace it with "advocate", so that it now reads:

 

"5.        City Council request that the General Manager of Children’s Services advocate with Ministry of Education officials regarding guidelines for accessing child care fee subsidy for immigrants without full status or full status documents;"


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

That the following recommendations be added:

 

1.         City Council direct the Executive Director of Social Development, Finance & Administration to report back in the first update report to the new Council on Undocumented Torontonians on the need and proposed mandate for a City Task force be formed to advocate to the Provincial government to review the Ontario Works legislation and residency policy with a view to ensuring access to social services for undocumented Torontonians.

 

2.         City Council direct the Executive Director of Social Development, Finance & Administration to evaluate and annually report on City divisions, agencies and corporations on the implementation of Access without Fear policies and procedures, training and communications/public education strategy and include mechanisms to obtain community feedback.

 

3.         City Council direct the Director of the Equity, Diversity and Human Rights Division to work with the appropriate City officials to ensure that the City's Human Rights and Anti-Harassment/Discrimination Policy includes protections for equal treatment with respect to City services and facilities without discrimination or harassment because of immigration status.

 

4.         City Council direct the Executive Director, Social Development, Finance and Administration to continue exploring the viability of introducing a City of Toronto Municipal Identification Card through conversations with U.S. municipalities who have adopted them.

 

5.         City Council request the Toronto Police Services Board to work with the Chief of Police and review existing policies to ensure Police Services comply with Toronto’s Access without Fear directives, as recommended by the Solidarity City Network.

 

6.         City Council forward this report and recommendations to the Federation of Canadian Municipalities and the Association of Municipalities of Ontario and encourage all member municipalities and municipal associations to support and develop “Access without fear” policies in their municipalities to facilitate access to social assistance, healthcare and housing for undocumented residents.


3 - Motion to Adopt Item as Amended moved by Councillor Kristyn Wong-Tam (Carried)
Source: Toronto City Clerk at www.toronto.ca/council