Item - 2015.CD4.2

Tracking Status

CD4.2 - Toronto Police Service: Service Governance Pertaining to the Access to Police Services for Undocumented Torontonians

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on June 10, 11 and 12, 2015, adopted the following:

 

1. City Council refer the report (March 12, 2015) from the Chair, Toronto Police Services Board back to the Toronto Police Services Board, with the request that the Toronto Police Services Board report to the October 15, 2015 Community Development and Recreation Committee meeting on: 

a. statistics related to the number of undocumented residents reported by the Toronto Police Service to the Canada Border Services Agency (CBSA) over the past five years.  These statistics are to include a breakdown on instances where individuals were reported to the CBSA due to a pre-existing immigration warrant, and instances where they were reported in the absence of a pre-existing immigration warrant;

b. any protocols or agreements that exist between the Toronto Police Service and Canada Border Services Agency;

 

c. practical implementation (including further policy development, police training, evaluation of compliance) of the Access without Fear Policy; and

 

d. the issues raised by deputants at the May 21, 2015 Community Development and Recreation Committee meeting; including but not limited to, enhanced domestic violence training, development of a new survivor informed protocol, and development of a protocol that ensures gender based violence is central to police interactions with immigrants and migrants involved in sex work.

2.  City Council request Toronto Police Services Board for further clarification and possible policy development on Ontario Regulation 265/98 of the Police Services Act, to have police officers report immigration status to the Canada Border Services Agency only when directed by the courts after a conviction has been registered.

 

3.  City Council, through the Toronto Police Services Board, invite Board representatives and Toronto Police Services Officers to attend the October 15, 2015 Community Development and Recreation Committee meeting.

 

4.  City Council direct that further consideration of whether to resume including “Policing Services” in the list of City services take place when the forthcoming report from the Toronto Police Services Board is considered by the Community Development and Recreation Committee at its October 15, 2015 meeting.

Background Information (Committee)

(March 12, 2015) Report and Appendix A from the Chair, Toronto Police Services Board, on Toronto Police Service: Service Governance Pertaining to the Access to Police Services for Undocumented Torontonians
https://www.toronto.ca/legdocs/mmis/2015/cd/bgrd/backgroundfile-79357.pdf

Communications (Committee)

(May 21, 2015) E-mail from Tings Chak (CD.New.CD4.2.1)
(May 21, 2015) Submission from Ilaneet Goren, Social Worker, Urban Alliance on Race Relations (CD.New.CD4.2.2)
(May 21, 2015) Submission from Jean McDonald, Maggie's - Toronto Sex Workers' Action Project (CD.New.CD4.2.3)
(May 21, 2015) Submission from Councillor James Pasternak - City Council decision on CD29.11 Access to City Services for Undocumented Torontonians (CD.New.CD4.2.4)
https://www.toronto.ca/legdocs/mmis/2015/cd/comm/communicationfile-52767.pdf
(May 21, 2015) Submission from John Sewell, Toronto Police Accountability Coalition (CD.New.CD4.2.5)
(May 21, 2015) Submission from Grissell Orellana (CD.New.CD4.2.6)

Communications (City Council)

(May 28, 2015) Submission from Faria Kamal (CC.Main.CD4.2.7)
(May 21, 2015) Letter from Karin Baqi, Barrister and Solicitor, South Asian Legal Clinic of Ontario (SALCO) (CC.Main.CD4.2.8)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-52987.pdf
(May 21, 2015) Submission from Brendan Jowett, Parkdale Community Legal Services (CC.Main.CD4.2.9)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-52988.pdf
(June 4, 2015) E-mail from Peter Clarke (CC.Supp.CD4.2.10)

Motions (City Council)

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

That City Council direct that further consideration of whether to resume including “Policing Services” in the list of City services take place when the forthcoming report from the Toronto Police Services Board is considered by the Community Development and Recreation Committee at its October 15, 2015 meeting.

Vote (Amend Item (Additional)) Jun-12-2015 11:06 AM

Result: Carried Majority Required - CD4.2 - Wong Tam - motion 1
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, John Campbell, Shelley Carroll, Raymond Cho, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are Jon Burnside, Christin Carmichael Greb, Josh Colle, Giorgio Mammoliti, Denzil Minnan-Wong, James Pasternak
Total members that were Absent: 14 Members that were absent are Michelle Berardinetti, Gary Crawford, Justin J. Di Ciano, John Filion, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mary-Margaret McMahon, Ron Moeser, Jaye Robinson, David Shiner, Michael Thompson, John Tory

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jun-12-2015 11:07 AM

Result: Carried Majority Required - CD4.2 - Adopt item as amended - Committee Recommendation 1
Total members that voted Yes: 29 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Stephen Holyday, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Jim Karygiannis, Giorgio Mammoliti
Total members that were Absent: 14 Members that were absent are Michelle Berardinetti, Gary Crawford, Justin J. Di Ciano, John Filion, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mary-Margaret McMahon, Ron Moeser, Jaye Robinson, David Shiner, Michael Thompson, John Tory

Vote (Adopt Item as Amended) Jun-12-2015 11:08 AM

Result: Carried Majority Required - CD4.2 - Adopt item as amended - Committee Recommendation 2
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Jim Karygiannis, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Joe Mihevc, Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are John Campbell, Christin Carmichael Greb, Stephen Holyday, Denzil Minnan-Wong, Frances Nunziata (Chair)
Total members that were Absent: 15 Members that were absent are Michelle Berardinetti, Gary Crawford, Glenn De Baeremaeker, Justin J. Di Ciano, John Filion, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mary-Margaret McMahon, Ron Moeser, Jaye Robinson, David Shiner, Michael Thompson, John Tory

Vote (Adopt Item as Amended) Jun-12-2015 11:10 AM

Result: Carried Majority Required - CD4.2 - Adopt item as amended - Committee Recommendation 3
Total members that voted Yes: 29 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Denzil Minnan-Wong
Total members that were Absent: 15 Members that were absent are Michelle Berardinetti, Gary Crawford, Glenn De Baeremaeker, Justin J. Di Ciano, John Filion, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mary-Margaret McMahon, Ron Moeser, Jaye Robinson, David Shiner, Michael Thompson, John Tory

Point of Order by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Order, stated that the Speaker should advise certain Members not to use the term "illegals" when referring to undocumented workers.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that Councillor Karygiannis did not have a Point of Order.


Point of Order by Councillor John Campbell

Councillor Campbell, rising on a Point of Order, stated that Councillor Karygiannis' questions of Councillor Wong-Tam were not on her motion.


Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that Councillor Karygiannis is not out of order and that Members have five minutes to speak.


Point of Order by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Order, stated that the Speaker would rule him out of order so he would be sitting down.


Point of Order by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Order, ask the Speaker to rule on his comments.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Order and ruled that she had not ruled his comments out of order.


Point of Order by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Order, stated that the Deputy Mayor should apologize for calling immigrants illegal.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that the Deputy Mayor's comments were in order.

CD4.2 - Toronto Police Service: Service Governance Pertaining to the Access to Police Services for Undocumented Torontonians

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Community Development and Recreation Committee recommends that:

 

1. City Council refer the report (March 12, 2015) from the Chair, Toronto Police Services Board back to the Toronto Police Services Board, with the request that the Toronto Police Services Board report to the October 15, 2015 Community Development and Recreation Committee meeting on: 

a. statistics related to the number of undocumented residents reported by the Toronto Police Service to the Canada Border Services Agency (CBSA) over the past five years.  These statistics are to include a breakdown on instances where individuals were reported to the CBSA due to a pre-existing immigration warrant, and instances where they were reported in the absence of a pre-existing immigration warrant;

b. any protocols or agreements that exist between the Toronto Police Service and Canada Border Services Agency;

 

c. practical implementation (including further policy development, police training, evaluation of compliance) of the Access without Fear Policy; and

 

d. the issues raised by deputants at the May 21, 2015 Community Development and Recreation Committee meeting; including but not limited to, enhanced domestic violence training, development of a new survivor informed protocol, and development of a protocol that ensures gender based violence is central to police interactions with immigrants and migrants involved in sex work.

2.  City Council request Toronto Police Services Board for further clarification and possible policy development on Ontario Regulation 265/98 of the Police Services Act, to have police officers report immigration status to the Canada Border Services Agency only when directed by the courts after a conviction has been registered.

 

3.  City Council, through the Toronto Police Services Board, invite Board representatives and Toronto Police Services Officers to attend the October 15, 2015 Community Development and Recreation Committee meeting.

Origin

(March 12, 2015) Report from the Chair, Toronto Police Services Board

Summary

The purpose of this report is to provide the Community Development and Recreation Committee with a response to the City Council request for a report regarding "Access to City Services for Undocumented Torontonians" (reference:  June 10, 11, 12 and 13, 2014 meeting, item 14-CD29.11).

Background Information

(March 12, 2015) Report and Appendix A from the Chair, Toronto Police Services Board, on Toronto Police Service: Service Governance Pertaining to the Access to Police Services for Undocumented Torontonians
https://www.toronto.ca/legdocs/mmis/2015/cd/bgrd/backgroundfile-79357.pdf

Communications

(May 21, 2015) E-mail from Tings Chak (CD.New.CD4.2.1)
(May 21, 2015) Submission from Ilaneet Goren, Social Worker, Urban Alliance on Race Relations (CD.New.CD4.2.2)
(May 21, 2015) Submission from Jean McDonald, Maggie's - Toronto Sex Workers' Action Project (CD.New.CD4.2.3)
(May 21, 2015) Submission from Councillor James Pasternak - City Council decision on CD29.11 Access to City Services for Undocumented Torontonians (CD.New.CD4.2.4)
https://www.toronto.ca/legdocs/mmis/2015/cd/comm/communicationfile-52767.pdf
(May 21, 2015) Submission from John Sewell, Toronto Police Accountability Coalition (CD.New.CD4.2.5)
(May 21, 2015) Submission from Grissell Orellana (CD.New.CD4.2.6)

Speakers

Tings Chak, Member, No One is Illegal - Toronto
Karin Baqi, Staff Lawyer, South Asian Legal Clinic of Ontario (SALCO)
Ellie Adekur-Carlson, Chair, Network for the Elimination of Police Violence
Jean McDonald, Executive Director, Maggie's - Toronto Sex Workers' Action Project
Claudia Espinoza, Jane Finch Action Against Poverty (JFAAP)
Faria Kamal, Health for All
Grissell Orellana, Toronto Rape Crisis Centre/Multicultural Women Against Rape
John Sewell, Toronto Police Accountability Coalition
Gita Madan, Educators for Peace and Justice
Elene Lam, Executive Director, Butterfly
Macdonald Scott, Law Union of Ontario, Carranza Barristers and Solicitors
Sakura Saunders, Disarm Toronto Police
Ilaneet Goren, Board Member, Urban Alliance on Race Relations (UARR)
Brendan Jowett, Parkdale Community Legal Services
Councillor Kristyn Wong-Tam

Motions

1 - Motion to Amend Item moved by Councillor Joe Mihevc (Carried)

That Recommendation 1 in the report (March 12, 2015) from the Chair, Toronto Police Services Board be deleted and replaced with the following:

 

1. City Council refer the report (March 12, 2015) from the Chair, Toronto Police Services Board back to the Toronto Police Services Board, with the request that the Toronto Police Services Board report to the October 15, 2015 Community Development and Recreation Committee meeting on:

 

a. statistics related to the number of undocumented residents reported by the Toronto Police Service to the Canada Border Services Agency (CBSA) over the past five years.  These statistics are to include a breakdown on instances where individuals were reported to the CBSA due to a pre-existing immigration warrant, and instances where they were reported in the absence of a pre-existing immigration warrant;

 

b. any protocols or agreements that exist between the Toronto Police Service and Canada Border Services Agency;

 

c. practical implementation (including further policy development, police training, evaluation of compliance) of the Access without Fear Policy; and

 

d. the issues raised by deputants at the May 21, 2015 Community Development and Recreation Committee meeting; including but not limited to, enhanced domestic violence training, development of a new survivor informed protocol, and development of a protocol that ensures gender based violence is central to police interactions with immigrants and migrants involved in sex work.

 

2.  City Council request Toronto Police Services Board for further clarification and possible policy development on Ontario Regulation 265/98 of the Police Services Act, to have police officers report immigration status to the Canada Border Services Agency only when directed by the courts after a conviction has been registered.

 

3.  City Council, through the Toronto Police Services Board, invite Board representatives and Toronto Police Services Officers to attend the October 15, 2015 Community Development and Recreation Committee meeting.

Vote (Amend Item) May-21-2015

Result: Carried Majority Required
Total members that voted Yes: 5 Members that voted Yes are Ana Bail„o, Jon Burnside, Josh Colle, Joe Mihevc, James Pasternak (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Paula Fletcher

2 - Motion to Adopt Item as Amended moved by Councillor Joe Mihevc (Carried)

Vote (Adopt Item as Amended) May-21-2015

Result: Carried Majority Required
Total members that voted Yes: 5 Members that voted Yes are Ana Bail„o, Jon Burnside, Josh Colle, Joe Mihevc, James Pasternak (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Paula Fletcher
Source: Toronto City Clerk at www.toronto.ca/council