Item - 2015.CD8.4

Tracking Status

CD8.4 - Access to City Services for Undocumented Torontonians: Progress of the Access T.O. Initiative

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on December 9 and 10, 2015, adopted the following:

 

1.  City Council direct City divisions, agencies and corporations to review their approaches to customer service and direct staff to use the Access T.O. resource materials to ensure they provide accurate and helpful customer service consistent with Council's commitment to access to City services for undocumented Torontonians.

 

2.  City Council request the Executive Director, Social Development, Finance and Administration to work with the Toronto Police Service to clarify and articulate:

 

a.  Police procedures to ensure victims and witnesses of crime will not be asked about their immigration status;

 

b.  the bona fide law enforcement reasons that would require the Toronto Police Service to ask about immigration status; and

 

c.  Police mechanisms to encourage victims and witnesses of crime to come forward without fear of exposing their status;

 

and to report back to Community Development and Recreation Committee in first quarter 2016.

 

3.  City Council request the Toronto Police Services Board to request the Chief of Police, Toronto Police Service to:

 

a.  provide data on the number of times a person was investigated, reported or arrested on an offence related to the Immigration and Refugee Protection Act (IRPA);

 

b.  report on the implications of developing a protocol between the Toronto Police Service and the Canadian Border Security Agency regarding sharing of personal information including a person's immigration and/or residence status; and

 

c.  review Service Procedure 02-01 to made a distinction between immigration warrants and other arrest warrants, in order to ensure the access without fear policy is implemented appropriately.

 

4.  City Council request the Toronto Police Services Board to request the Chief of Police to consider expanding the existing "Don't Ask" provision as follows:

 

a.  expand "Don't Ask" beyond victims and witnesses to include all encounters with Police unless there is a warrant for the person's arrest or unless there has been an arrest; and

 

b.  undertake a review of the "Don't Ask, Don't Tell" policy with a view to including a "Don't Tell" component, where immigration status information of an individual, if ascertained, would not be shared with Canadian Border Services Agency or other Federal Immigration enforcement bodies voluntarily unless related to a criminal offence.

 

5.  City Council revise the City's Access TO website by deleting "Policing services" from the list of available City services and replace it with "Emergency Services (911).

Background Information (Committee)

(November 10, 2015) Report and Appendix A from the Executive Director, Social Development, Finance and Administration on Access to City Services for Undocumented Torontonians: Progress of the Access T.O. Initiative
https://www.toronto.ca/legdocs/mmis/2015/cd/bgrd/backgroundfile-85779.pdf

Communications (Committee)

(November 23, 2015) Letter from Macdonald Scott, Carranza LLP Barristers and Solicitors (CD.New.CD8.4.1)
https://www.toronto.ca/legdocs/mmis/2015/cd/comm/communicationfile-57405.pdf

Motions (City Council)

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

That:

 

1.  City Council revise the City's Access TO website by deleting "Policing services" from the list of available City services and replace it with "Emergency Services (911).

 

2.  City Council request the Toronto Police Services Board to request the Chief of Police to consider expanding the existing "Don't Ask" provision as follows:

 

a.  expand "Don't Ask" beyond victims and witnesses to include all encounters with Police unless there is a warrant for the person's arrest or unless there has been an arrest; and

 

b.  undertake a review of the "Don't Ask, Don't Tell" policy with a view to including a "Don't Tell" component, where immigration status information of an individual, if ascertained, would not be shared with Canadian Border Services Agency or other Federal Immigration enforcement bodies voluntarily unless related to a criminal offence.

Vote (Amend Item) Dec-10-2015 4:35 PM

Result: Carried Majority Required - CD8.4 - Mihevc - motion 1 - Part 1
Total members that voted Yes: 31 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, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Jim Karygiannis, Norman Kelly
Total members that were Absent: 12 Members that were absent are Michelle Berardinetti, Gary Crawford, Janet Davis, Frank Di Giorgio, Rob Ford, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson

Vote (Amend Item) Dec-10-2015 4:36 PM

Result: Carried Majority Required - CD8.4 - Mihevc - motion 1 - Part 2
Total members that voted Yes: 22 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Joe Cressy, Justin J. Di Ciano, 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), Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that voted No: 11 Members that voted No are Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Vincent Crisanti, Glenn De Baeremaeker, Stephen Holyday, Jim Karygiannis, Norman Kelly, James Pasternak, John Tory
Total members that were Absent: 12 Members that were absent are Michelle Berardinetti, Gary Crawford, Janet Davis, Frank Di Giorgio, Rob Ford, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson

Motion to Adopt Item as Amended (Carried)

4a - Access to Police Services for Undocumented Torontonians

Background Information (Committee)
(October 2, 2015) Letter from the Chair, Toronto Police Services Board on Access to Police Services for Undocumented Torontonians
https://www.toronto.ca/legdocs/mmis/2015/cd/bgrd/backgroundfile-85520.pdf
Attachment - Toronto Police Services Board Minute No. P234/15
https://www.toronto.ca/legdocs/mmis/2015/cd/bgrd/backgroundfile-85521.pdf

CD8.4 - Access to City Services for Undocumented Torontonians: Progress of the Access T.O. Initiative

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Community Development and Recreation Committee recommends that:

 

1.  City Council direct City divisions, agencies and corporations to review their approaches to customer service and direct staff to use the Access T.O. resource materials to ensure they provide accurate and helpful customer service consistent with Council's commitment to access to City services for undocumented Torontonians.

 

2.  City Council request the Executive Director, Social Development, Finance and Administration to work with the Toronto Police Service to clarify and articulate:

 

a.  Police procedures to ensure victims and witnesses of crime will not be asked about their immigration status;

 

b.  the bona fide law enforcement reasons that would require the Toronto Police Service to ask about immigration status;

 

c.  Police mechanisms to encourage victims and witnesses of crime to come forward without fear of exposing their status; and

 

d.  report back to Community Development and Recreation Committee in first quarter 2016.

 

3. City Council request the Toronto Police Services Board to request the Chief of Police to:

 

a.  provide data on the number of times a person was investigated, reported or arrested on an offence related to the Immigration and Refugee Protection Act (IRPA);

 

b.  report on the implications of developing a protocol between the Toronto Police Service and the Canadian Border Security Agency regarding sharing of personal information including a person's immigration and/or residence status; and

 

c.  review Service Procedure 02-01 to made a distinction between immigration warrants and other arrest warrants, in order to ensure the access without fear policy is implemented appropriately.

Origin

(November 10, 2015) Report from the Executive Director, Social Development, Finance and Administration

Summary

In June 2014, Toronto City Council reaffirmed its commitment to serve all Torontonians, including those who are without status or status documents. Council requested City staff to find ways to improve access to City services for undocumented Torontonians and to provide an update in 2015. 

 

Twenty-one City divisions and agencies worked together to develop and implement the Access T.O. Initiative, which included information, training and capacity-building measures. In October 2015, a community-based, third-party service audit was undertaken on behalf of the City and revealed that despite program-specific customer service information and a training pilot for City staff, City divisions and agencies need to make further efforts in order for front-line staff to consistently and accurately serve undocumented Torontonians. 

 

Community feedback has also identified Toronto Police Service as one important municipal service area requiring focused further clarity about service access. 

Background Information

(November 10, 2015) Report and Appendix A from the Executive Director, Social Development, Finance and Administration on Access to City Services for Undocumented Torontonians: Progress of the Access T.O. Initiative
https://www.toronto.ca/legdocs/mmis/2015/cd/bgrd/backgroundfile-85779.pdf

Communications

(November 23, 2015) Letter from Macdonald Scott, Carranza LLP Barristers and Solicitors (CD.New.CD8.4.1)
https://www.toronto.ca/legdocs/mmis/2015/cd/comm/communicationfile-57405.pdf

Speakers

Karl Gardner, Member, No One is Illegal - Toronto
Councillor Shelley Carroll

Motions

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

That:

 

1.  City Council request the Toronto Police Services Board to request the Chief of Police to provide data on the number of times a person was investigated, reported or arrested on an offence related to the Immigration and Refugee Protection Act (IRPA).

 

2. City Council request the Toronto Police Services Board to request the Chief of Police to develop a protocol between the Toronto Police Services and the Canadian Border Security Agency to prevent information from passing between Toronto Police Services and the Canadian Border Security Agency.

 

3.  City Council request the Toronto Police Services Board to request the Chief of Police to review Service Procedure 02-01 to made a distinction between immigration warrants and other arrest warrants, in order to ensure the access without fear policy is implemented appropriately.

Vote (Amend Item (Additional)) Nov-25-2015

Result: Carried Majority Required - CD8.4 - Mihevc - Motion 1
Total members that voted Yes: 6 Members that voted Yes are Ana Bail„o, Jon Burnside, Josh Colle, Paula Fletcher, Joe Mihevc, James Pasternak (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 0 Members that were absent are

2 - Motion to Amend Item (Additional) moved by Councillor Joe Mihevc (Lost)

That:

 

1. City Council direct that the City's Access TO materials be revised to include the addition of "Emergency Services (911)" and to delete "Toronto Police Services".

Vote (Amend Item (Additional)) Nov-25-2015

Result: Lost (tie) Majority Required - CD8.4 - Mihevc - Motion 2
Total members that voted Yes: 3 Members that voted Yes are Ana Bail„o, Paula Fletcher, Joe Mihevc
Total members that voted No: 3 Members that voted No are Jon Burnside, Josh Colle, James Pasternak (Chair)
Total members that were Absent: 0 Members that were absent are

3 - Motion to Amend Item (Additional) moved by Councillor Joe Mihevc (Lost)

That:

 

1.  City Council request the Toronto Police Services Board to request the Chief of Police to expand the existing "Don't Ask" provisions in two ways:

 

a. Expand "Don't Ask" beyond victims and witnesses to include all encounters with police unless there is a warrant for the person's arrest or unless an arrest takes place; and

 

b. include a "Don't Tell" component, where immigration status information of an individual, if ascertained, would not be shared with Canadian Border Services Agency or other Federal Immigration enforcement bodies voluntarily unless related to a criminal offence.

Vote (Amend Item (Additional)) Nov-25-2015

Result: Lost (tie) Majority Required - CD8.4 - Mihevc - Motion 3
Total members that voted Yes: 3 Members that voted Yes are Ana Bail„o, Paula Fletcher, Joe Mihevc
Total members that voted No: 3 Members that voted No are Jon Burnside, Josh Colle, James Pasternak (Chair)
Total members that were Absent: 0 Members that were absent are

4 - Motion to Amend Motion moved by Councillor Ana Bail„o (Carried)

That Part 2 of Motion 1 by Councillor Mihevc be deleted and replaced with the following:

 

2.  City Council request the Toronto Police Services Board to request the Chief of Police to report on the implications of developing a protocol between the Toronto Police Service and the Canadian Border Security Agency regarding sharing of personal information including a person's immigration and/or residence status.

Vote (Amend Motion) Nov-25-2015

Result: Carried Majority Required - CD8.4 - Bail„o - Motion 4
Total members that voted Yes: 6 Members that voted Yes are Ana Bail„o, Jon Burnside, Josh Colle, Paula Fletcher, Joe Mihevc, James Pasternak (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 0 Members that were absent are

5 - Motion to Adopt Item as Amended moved by Councillor James Pasternak (Carried)

4a - Access to Police Services for Undocumented Torontonians

Origin
(October 2, 2015) Letter from the Chair, Toronto Police Services Board
Summary

At its meeting on September 17, 2015, the Toronto Police Services Board (the “Board”) considered a report with regard to the review of Toronto Police Service: Service Governance Pertaining to the Access to Police Services for Undocumented Torontonians.”  The report was submitted by the Chief of Police in response to the City Council Motion CD4.2.

 

The Board received the Chief’s report and approved the following Motions:

 

1.  That the foregoing report be withdrawn and referred back to the Chief of Police so that he may consult with the Deputy City Manager and report to the Board in the future, as may be required; and

 

2.  That the Board correspond with the Community Development and Recreation Committee to advise it of this motion.

Background Information
(October 2, 2015) Letter from the Chair, Toronto Police Services Board on Access to Police Services for Undocumented Torontonians
https://www.toronto.ca/legdocs/mmis/2015/cd/bgrd/backgroundfile-85520.pdf
Attachment - Toronto Police Services Board Minute No. P234/15
https://www.toronto.ca/legdocs/mmis/2015/cd/bgrd/backgroundfile-85521.pdf
Source: Toronto City Clerk at www.toronto.ca/council