Item - 2021.CC31.1

Tracking Status

  • City Council adopted this item on April 7, 2021 with amendments.

CC31.1 - Enhancing Policing Accountability through a Memorandum of Understanding with Ombudsman Toronto

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on April 7 and 8, 2021, adopted the following:

 

1. City Council request the Toronto Police Services Board, and as appropriate, the Toronto Police Service, to negotiate a Memorandum of Understanding with Ombudsman Toronto to independently conduct policy and program reviews and such Memorandum of Understanding to:

 

a. include ongoing engagement with external stakeholders and a scheduled review period and process;

 

b. provide the Ombudsman with a broad legal mandate to review the implementation of Toronto Police Services Board policies and Toronto Police Services Board procedures for the purpose of assessing the "fair process, fair outcome and fair treatment" impacts of those policies and procedures, with the understanding that in exercising this legal mandate the Ombudsman will endeavour not to duplicate existing governance and oversight;

 

c. ensure that the Ombudsman has sufficient legal authority to access the necessary information and documents to effectively carry out their mandate;

 

d. maintain the full independence of the Ombudsman; and

 

e. include fulsome public reporting of audit outcomes and recommendations, as well as general activities.

 

2. City Council increase the Approved 2021 Operating Budget for Ombudsman Toronto by $200,000 gross and net and increase the 2021 Approved Complement for Ombudsman Toronto by 3.0 Full Time Equivalent positions, as described in the Ombudsman's recommendation in Attachment 1 to the report (March 30, 2021) from the City Manager, with the cost to be fully funded by the Innovation Reserve Fund (XR1713).

Background Information (City Council)

(March 30, 2021) Revised Report from the City Manager on Enhancing Policing Accountability through a Memorandum of Understanding with Ombudsman Toronto (CC31.1)
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-165515.pdf
(March 30, 2021) Report from the City Manager on enhancing policing accountability through a Memorandum of Understanding with Ombudsman Toronto (CC31.1)
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-165355.pdf
Attachment 1 - Ombudsman Toronto to the City Manager on Police Oversight Resource Needs
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-165356.pdf
Attachment 2 - Letter from the Canadian Civil Liberties Association
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-165516.pdf

Motions (City Council)

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

That City Council amend Recommendation 1 so that it now reads as follows:

 

1. City Council request the Toronto Police Services Board, and as appropriate, the Toronto Police Service, to negotiate a Memorandum of Understanding (MOU) with Ombudsman Toronto to independently conduct policy and program reviews and that the such MOU to:

 

a. include ongoing engagement with external stakeholders and a scheduled review period and process;

 

b. provide the Ombudsman with a broad legal mandate to review the implementation of Toronto Police Services Board policies and Toronto Police Services Board procedures for the purpose of assessing the "fair process, fair outcome and fair treatment" impacts of those policies and procedures, with the understanding that in exercising this legal mandate the Ombudsman will endeavour not to duplicate existing governance and oversight;

 

c. ensure that the Ombudsman has sufficient legal authority to access the necessary information and documents to effectively carry out their mandate;

 

d. maintain the full independence of the Ombudsman; and

 

e. include fulsome public reporting of audit outcomes and recommendations, as well as general activities.

Vote (Amend Item) Apr-08-2021 3:55 PM

Result: Carried Majority Required - CC31.1 - Wong-Tam - motion 1
Total members that voted Yes: 25 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, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Mark Grimes

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Apr-08-2021 3:55 PM

Result: Carried Majority Required - CC31.1 - Adopt the Item as amended
Total members that voted Yes: 25 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, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Mark Grimes
Source: Toronto City Clerk at www.toronto.ca/council