Item - 2019.EX5.3

Tracking Status

  • City Council adopted this item on May 14, 2019 without amendments.
  • This item was considered by Executive Committee on May 1, 2019 and was adopted with amendments. It will be considered by City Council on May 14, 2019.

EX5.3 - Hate Sponsored Rallies

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on May 14 and 15, 2019, adopted the following:

 

1.  City Council reaffirm its absolute and unwavering opposition to hate speech in the City of Toronto.

 

2.  City Council direct the City Manager to inform organizers of events which occur regularly without a permit of the City's policies towards hate speech and hate activities.  

 

3.  City Council direct the Executive Director, People, Equity and Human Rights and the General Manager, Parks, Forestry and Recreation, in consultation with City Agencies and Corporations, to develop a policy to refuse permits for any events advocating hatred or violence against any faith, race, or sexual orientation on City property.

 

4.  City Council direct the General Manager Parks, Forestry and Recreation to monitor rallies in City parks and work with the Toronto Police Service on-site in order to enforce by-law contraventions, including opportunities to charge event organizers for operating without a permit.

 

5.  City Council request the City Manager to, where possible, issue trespass or trespass warning letters to identifiable participants engaged in hate activities at rallies on City property.

 

6.  City Council request the City Manager and the Chief Financial Officer and Treasurer to, whenever possible, make efforts to obtain reimbursement from organizers of events engaged in hate activities on City property for all City-incurred expenses.

 

7.  City Council request the Executive Director, People, Equity and Human Rights and the City Solicitor to conduct a bi-annual review of the Hate Activity Policy and make any changes necessary to ensure it protects against hate activity on City property to the maximum extent permitted under the law.

 

8.  City Council, request the City Solicitor to monitor Bill 84, "An Act to amend the Legislative Assembly Act respecting demonstrations that promote hatred on legislative precinct grounds" and make comments based on the City's anti-hate policies.

 

9.  City Council request the Toronto Police Services Board to request the Toronto Police Service and the Attorney General to take swift and immediate action against any group found to be contravening the law and advocating anti-Semitism, Islamophobia, homophobia or any other forms of hatred contrary to the Criminal Code.

 

10.  City Council request the Toronto Police Services Board to request the Toronto Police Service to review procedures on collecting evidence of hate crimes at rallies and to review procedures for individuals to report hate crimes, and to review again the events of the 2018 Al Quds Day rally to determine whether a hate crime occurred.

 

11.  City Council request the Toronto Police Services Board to request the Toronto Police Service to review its training of officers and processes for the creation of the Toronto Police Service General Occurrence (G), for the detailing instances of hate, including speech, music, expressive clothing, placards, pamphlets, and other forms of hate dissemination at public events.


12.  City Council request the Attorney General to investigate the feasibility of creating a process to remove some discretion from decisions to lay charges for hate activities similar to those used for cases of domestic violence. 

Background Information (Committee)

(April 15, 2019) Report from the Executive Director, People, Equity and Human Rights on Hate Sponsored Rallies
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-132059.pdf
Addendum 1 - Corporate Security Flow Charts entitled "Corporate Security Unplanned Hate Rallies Response Plan and Corporate Security Planned Hate Rallies Response Plan"
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-132188.pdf
Addendum 2 - Chart Summarizing Hate Activity Policy Survey Responses
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-132189.pdf
Addendum 3 - Response from the Ministry of the Attorney General dated April 10, 2019
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-132190.pdf

Communications (Committee)

(April 26, 2019) Letter from Dr. Atif Kubursi (EX.Supp.EX5.3.1)
(April 30, 2019) E-mail from George Turner (EX.Supp.EX5.3.2)
(April 30, 2019) E-mail from Murray Lumley (EX.Supp.EX5.3.3)
(April 30, 2019) Letter from Mariam Karim, University of Toronto, Graduate Students' Union (EX.Supp.EX5.3.4)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93974.pdf
(April 29, 2019) Letter from Robert Massoud (EX.Supp.EX5.3.5)
(May 1, 2019) Submission from Reverend Karen Rodman, Just Peace Advocates (EX.Supp.EX3.5.6)
(May 1, 2019) Submission from Suzanne Weiss (EX.New.EX5.3.7)

Communications (City Council)

(April 30, 2019) Submission from Michael Mostyn (CC.Main.EX5.3.8)
(May 12, 2019) Letter from Dr. Atif Kubursi, Chair, Board of Trustees, Canadian Arab Federation (CC.Supp.EX5.3.9)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-94547.pdf
(May 13, 2019) E-mail from Murray Lumley (CC.Supp.EX5.3.10)
(May 13, 2019) Submission from Dimitri Lascaris, A. Dimitri Lascaris Law Professional Corporation (CC.New.EX5.3.11)

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) May-14-2019 10:07 AM

Result: Carried Majority Required - EX5.3 - Adopt the item
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 3 Members that were absent are Jim Karygiannis, Anthony Perruzza, Jaye Robinson

EX5.3 - Hate Sponsored Rallies

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.  City Council reaffirm its absolute and unwavering opposition to hate speech in the City of Toronto.

 

2.  City Council direct the City Manager to inform organizers of events which occur regularly without a permit of the City's policies towards hate speech and hate activities.  

 

3.  City Council direct the Executive Director, People, Equity and Human Rights and the General Manager, Parks, Forestry and Recreation, in consultation with City Agencies and Corporations, to develop a policy to refuse permits for any events advocating hatred or violence against any faith, race, or sexual orientation on City property.

 

4.  City Council direct the General Manager Parks, Forestry, and Recreation to monitor rallies in City parks, and work with Toronto Police Services on-site in order to enforce by-law contraventions, including opportunities to charge event organizers for operating without a permit.

 

5.  City Council request the City Manager to, where possible, issue trespass or trespass warning letters to identifiable participants engaged in hate activities at rallies on City property.

 

6.  City Council request the City Manager and Chief Financial Officer and Treasurer to, whenever possible, make efforts to obtain reimbursement from organizers of events engaged in hate activities on City property for all City incurred expenses.

 

7.  City Council request the Executive Director, People, Equity and Human Rights and the City Solicitor to conduct a bi-annual review of the anti-hate policy and make any changes necessary to ensure it protects against hate activity on City property to the maximum extent permitted under the law.

 

8.  City Council, request the City Solicitor to monitor Bill 84, "An Act to amend the Legislative Assembly Act respecting demonstrations that promote hatred on legislative precinct grounds" and make comments based on the City's anti-hate policies.

 

9.  City Council request the Toronto Police Services Board to request the Toronto Police Service and the Attorney General to take swift and immediate action against any group found to be contravening the law and advocating anti-Semitism, Islamophobia, homophobia or any other forms of hatred contrary to the Criminal Code.

 

10.  City Council request the Toronto Police Services Board to request the Toronto Police Service to review procedures on collecting evidence of hate crimes at rallies and to review procedures for individuals to report hate crimes, and to review again the events of the 2018 Al Quds Day rally to determine whether a hate crime occurred.

 

11.  City Council request the Toronto Police Services Board to request the Toronto Police Service to review its training of officers and processes for the creation of the Toronto Police Service General Occurrence (G), for the detailing instances of hate, including speech, music, expressive clothing, placards, pamphlets, and other forms of hate dissemination at public events.


12.  City Council request the Attorney General to investigate the feasibility of creating a process to remove some discretion from decisions to lay charges for hate activities similar to those used for cases of domestic violence. 

Origin

(April 15, 2019) Report from the Executive Director, People, Equity and Human Rights

Summary

This report responds to 2019.EX3.3 and outlines the following:

 

a. the Toronto Police Services Board's process for the referral to the Office of the Attorney General of allegations of hate activity on City property;

 

b. the results of the consultation and survey conducted in response to 2018.EX35.6 related to the City's Hate Activity Policy and the feasibility of the City addressing non-permitted protests featuring hate speech, including the possibility of recovering costs; and

 

c. the outcome of inquiries made to the Toronto Police Services Board and the Ministry of the Attorney General as directed in 2019.EX3.3.

Background Information

(April 15, 2019) Report from the Executive Director, People, Equity and Human Rights on Hate Sponsored Rallies
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-132059.pdf
Addendum 1 - Corporate Security Flow Charts entitled "Corporate Security Unplanned Hate Rallies Response Plan and Corporate Security Planned Hate Rallies Response Plan"
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-132188.pdf
Addendum 2 - Chart Summarizing Hate Activity Policy Survey Responses
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-132189.pdf
Addendum 3 - Response from the Ministry of the Attorney General dated April 10, 2019
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-132190.pdf

Communications

(April 26, 2019) Letter from Dr. Atif Kubursi (EX.Supp.EX5.3.1)
(April 30, 2019) E-mail from George Turner (EX.Supp.EX5.3.2)
(April 30, 2019) E-mail from Murray Lumley (EX.Supp.EX5.3.3)
(April 30, 2019) Letter from Mariam Karim, University of Toronto, Graduate Students' Union (EX.Supp.EX5.3.4)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93974.pdf
(April 29, 2019) Letter from Robert Massoud (EX.Supp.EX5.3.5)
(May 1, 2019) Submission from Reverend Karen Rodman, Just Peace Advocates (EX.Supp.EX3.5.6)
(May 1, 2019) Submission from Suzanne Weiss (EX.New.EX5.3.7)

Speakers

Michael Mostyn, B'nai Brith Canada
Stephen Ellis
Dimitri Lascaris
Robert Massoud, Beit Zatoun House Cultural Centre
Dr. Atif Kubursi, Canadian Arab Federation
Jake Javanshir
Jamila Khader, University of Toronto, Graduate Students' Union
Karin Brothers
Derek Moran
Meir Weinstein, Jewish Defence League
Mariam Karim, University of Toronto, Graduate Students' Union
Noah Shack, Centre for Israel and Jewish Affairs
Suzanne Weiss
Reverend Karen Rodman, Just Peace Avocates
Elizabeth Block, Independent Jewish Voices
Michael Keefer

Motions

1 - Motion to Amend Item moved by Mayor John Tory (Carried)

That the recommendation be deleted and replaced with the following:

 

1. City Council reaffirm its absolute and unwavering opposition to hate speech in the City of Toronto.

 

2. City Council request the Toronto Police Services Board to request the Toronto Police Service and the Attorney General to take swift and immediate action against any group found to be contravening the law and advocating anti-Semitism, Islamophobia, homophobia or any other forms of hatred contrary to the Criminal Code.


3. City Council direct the Executive Director, People, Equity and Human Rights and the General Manager, Parks, Forestry and Recreation, in consultation with City Agencies, Boards, and Corporations, to develop a policy to refuse permits for any events advocating hatred or violence against any faith, race, or sexual orientation on City property.


4. City Council request the Toronto Police Services Board to request the Toronto Police Service to review procedures on collecting evidence of hate crimes at rallies and review procedures for individuals to report hate crimes, and to review again the events of the 2018 Al Quds day rally to determine whether a hate crime occurred.


5. City Council direct the General Manager Parks, Forestry, and Recreation to monitor rallies in City parks, and work with Toronto Police Services on-site in order to enforce by-law contraventions, including opportunities to charge event organizers for operating without a permit.


6. City Council direct the City Manager to inform organizers of events which occur regularly without a permit of the City’s policies towards hate speech and hate activities.


7. City Council request the Attorney General to investigate the feasibility of creating a process to remove some discretion from decisions to lay charges for hate activities similar to those used for cases of domestic violence.

Vote (Amend Item) May-01-2019

Result: Carried Majority Required
Total members that voted Yes: 7 Members that voted Yes are Paul Ainslie, Ana Bail„o, Denzil Minnan-Wong, Frances Nunziata, James Pasternak, Michael Thompson, John Tory (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Gary Crawford

2 - Motion to Amend Item moved by Councillor James Pasternak (Carried)

That:

 

1. City Council request the Toronto Police Services Board to request the Toronto Police Service to review its training of officers and processes for the creation of the Toronto Police Service General Occurrence (G), for the detailing instances of hate, including speech, music, expressive clothing, placards, pamphlets, and other forms of hate dissemination at public events.

 

2. City Council request the Executive Director, People, Equity and Human Rights and the City Solicitor to conduct a bi-annual review of the anti-hate policy and make any changes necessary to ensure it protects against hate activity on City property to the maximum extent permitted under the law.

 

3. City Council request the City Manager to, where possible, issue trespass or trespass warning letters to identifiable participants engaged in hate activities at rallies on City property.

 

4, City Council request the City Manager and Chief Financial Officer and Treasurer to, whenever possible, make efforts to obtain reimbursement from organizers of events engaged in hate activities on City property for all city incurred expenses.

 

5. City Council, request the City Solicitor to monitor Bill 84, "An Act to amend the Legislative Assembly Act respecting demonstrations that promote hatred on legislative precinct grounds" and make comments based on the City’s anti-hate policies.

Vote (Amend Item) May-01-2019

Result: Carried Majority Required
Total members that voted Yes: 7 Members that voted Yes are Paul Ainslie, Ana Bail„o, Denzil Minnan-Wong, Frances Nunziata, James Pasternak, Michael Thompson, John Tory (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Gary Crawford

Point of Order by Councillor James Pasternak

Councillor Pasternak, on a Point of Order, stated that public presenters had been warned repeatedly about their behaviour.

Ruling by Mayor John Tory
Mayor Tory accepted the Point of Order and ruled that public presentations should be confined to the regulatory framework and policy implications of events that take place in the City of Toronto.


Point of Order by Councillor Michael Thompson

Councillor Thompson, on a Point of Order, requested the Chair to direct a member of the public to demonstrate good behaviour during Members' questions of public presenters.

Ruling by Mayor John Tory
Mayor Tory accepted the Point of Order and concurred with Councillor Thompson's comments that the disruptions by the member of the public were inappropriate.


Point of Order by Councillor Michael Thompson

Councillor Thompson, on a Point of Order stated that the member of the public was again interrupting and denying his earlier behaviour.

Ruling by Mayor John Tory
Mayor Tory accepted the Point of Order and ruled that the member of the public had already had an opportunity to speak and must now remain silent while others speak or he would be asked to leave.

Source: Toronto City Clerk at www.toronto.ca/council