Item - 2021.EX24.11

Tracking Status

  • City Council adopted this item on June 8, 2021 with amendments.
  • This item was considered by Executive Committee on June 1, 2021. It is being forwarded to City Council without recommendations. It will be considered by City Council on June 8, 2021.

EX24.11 - Recommendations to Consult and Amend Bill 251, Combating Human Trafficking Act

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on June 8 and 9, 2021, adopted the following:

 

1.  City Council forward the supplementary report (June 7, 2021) from the Executive Director, Social Development, Finance and Administration to The Honourable Sylvia Jones, Ontario's Solicitor General, expressing grave concerns about Bill 251, Combating Human Trafficking Act, 2021 and urge the Solicitor General to immediately consult with sex workers and other affected vulnerable communities to ensure that the implementation of the new legislation and future iterations of the Anti-Human Trafficking Strategy are rooted in human rights, including labour rights and migrant rights, and that the Strategy addresses the numerous structural barriers, including poverty, precarious immigration status, and lack of access to affordable housing and health and social services that contribute to the risks of human trafficking.

Background Information (Committee)

(June 1, 2021) Revised Letter from Councillor Kristyn Wong-Tam, Ward 13, Toronto Centre, on Recommendations to Consult and Amend Bill 251, Combating Human Trafficking Act
https://www.toronto.ca/legdocs/mmis/2021/ex/bgrd/backgroundfile-167361.pdf
(May 14, 2021) Letter from Councillor Kristyn Wong-Tam, Ward 13, Toronto Centre, on Recommendations to Consult and Amend Bill 251, Combating Human Trafficking Act
https://www.toronto.ca/legdocs/mmis/2021/ex/bgrd/backgroundfile-166999.pdf

Background Information (City Council)

(June 7, 2021) Supplementary report from the Executive Director, Social Development, Finance and Administration on Background and Analysis on Bill 251 - Combating Human Trafficking Act, 2021 (EX24.11a)
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-167800.pdf

Communications (Committee)

(May 28, 2021) Letter from Kamala Kempadoo, Professor of Social Science, York University (EX.Supp)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132419.pdf
(May 28, 2021) Letter from Mary Gellatly, Parkdale Community Legal Services (EX.Supp)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132415.pdf
(May 31, 2021) Submission from Elene Lam, Founder and Executive Director, Butterfly (Asian and Migrant Sex Workers Support Network) and Sandra Ka Hon Chu, Director of Research and Advocacy, HIV Legal Network (EX.Supp)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132459.pdf
(May 31, 2021) Letter from Gary Kinsman and Jamie Magnusson for the No Pride in Policing Coalition (EX.New)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132448.pdf
(May 31, 2021) Petition from Elene Lam, Butterfly, (Asian and Migrant Sex Workers Support Network) (EX.New)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132449.pdf
(May 31, 2021) Letter from Brianna Greaves and Renee Dumaresque, Showing Up for Racial Justice Toronto (EX.New)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132461.pdf
(June 1, 2021) Letter from Leah Watkiss, Collaborative Network to End Exploitation (EX.New)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132451.pdf
(June 1, 2021) Letter from Mary Birdsell, Executive Director and Jane Stewart, Staff Lawyer, Justice for Children and Youth (EX.New)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132470.pdf
(June 1, 2021) E-mail from Loretta Mui (EX.New)
(June 1, 2021) Submission from Anna Willats (EX.New)
(June 1, 2021) Submission from Jenny Duffy (EX.New)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132487.pdf
(June 2, 2021) Letter from Ann De Shalit (EX.New)

Communications (City Council)

(June 8, 2021) Submission from Joanna Ewart-James, Executive Director, Freedom United (CC.New)
https://www.toronto.ca/legdocs/mmis/2021/cc/comm/communicationfile-132641.pdf

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Kristyn Wong-Tam (Carried)

That City Council forward the staff report to Solicitor General Sylvia Jones, expressing grave concerns about Bill 251, and urge the Solicitor General to immediately consult with sex workers and other affected vulnerable communities to ensure that the implementation of the new legislation, and future iterations of the Anti-Human Trafficking Strategy are rooted in human rights, including labour rights and migrant rights, and that the Strategy addresses the numerous structural barriers including poverty, precarious immigration status, and lack of access to affordable housing, health and social services that contribute to the risks of human trafficking.

Vote (Adopt Item as Amended) Jun-09-2021 11:19 AM

Result: Carried Majority Required - EX24.11 - Wong-Tam - motion 1 - Adopt the Item as amended
Total members that voted Yes: 21 Members that voted Yes are Paul Ainslie, Brad Bradford, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Michael Ford
Total members that were Absent: 4 Members that were absent are Ana Bailăo, Shelley Carroll, Paula Fletcher, Anthony Perruzza

EX24.11 - Recommendations to Consult and Amend Bill 251, Combating Human Trafficking Act

Decision Type:
ACTION
Status:
Without Recs
Wards:
All

Committee Recommendations

The Executive Committee submits the Item to City Council without recommendation.

Decision Advice and Other Information

The Executive Committee requested the City Manager to report directly to the June 8 and 9, 2021 meeting of City Council with background and context of Bill 251, Combating Human Trafficking Act, the implications of the recommendation contained in the letter (June 1, 2021) from Councillor Kristyn Wong-Tam and the proposals with respect to non-enforcement of this legislation in the City of Toronto as proposed by the public presenters.

Origin

(May 14, 2021) Letter from Councillor Kristyn Wong-Tam, Ward 13, Toronto Centre

Summary

In March 2020, the Ontario government announced a $307 million investment into a five-year anti-trafficking strategy. On February 22, 2021, Bill 251, Combating Human Trafficking Act, 2021 was introduced by Solicitor General Sylvia Jones in the Legislative Assembly of Ontario. The stated purpose of the Act is to combat human trafficking and provide support for survivors by adopting a law enforcement model, increasing surveillance powers for police and Ministerially appointed inspectors, and imposing charges and hefty fines for violations.

 

Anti-trafficking experts are concerned about the Act’s reliance on a law enforcement model that has been ineffective and oftentimes counterproductive to efforts to tackle human trafficking.

 

These adverse impacts include the ongoing false conflation of sex work with human trafficking which incentivizes police and a whole new category of inspectors to surveil and interrogate Asian, Black and Indigenous communities and migrant communities.

 

There are serious privacy and human rights concerns with extending surveillance powers for police and Ministerially appointed inspectors. The Act authorizes the Minister to appoint inspectors for the purposes of this law, who “may, without a warrant or notice, and at any time, enter and inspect any place” to determine compliance with the Ministers’ regulations.

 

The Act authorizes the Minister to appoint inspectors for the purposes of this law, who “may, without a warrant or notice, and at any time, enter and inspect any place” to determine compliance with the Ministers’ regulations. Inspectors are also granted unfettered powers to examine, demand, remove or copy any “thing that is or may be relevant to the inspection” and to “question a person on any matter that is or may be relevant to the inspection, including questioning a person separate from others.” A person who is suspected of committing an offence is also compelled to answer questions in breach of their constitutionally protected right to silence.

 

Non-compliance is a punishable offence, subject to a fine of $50,000 or $100,000 for an individual or corporation, respectively.

 

The Bill will likely impose requirements on municipal divisions and agencies to surveil/racially profile people suspected of being involved in human trafficking, alienating them from vital municipal supports that the City is mandated to provide and in some cases directly support. The City of Toronto is currently undertaking a review of police services, and proposing community led response units in four neighbourhoods. This outcome of this Bill may increase unbudgeted costs to city agencies and divisions and undermine the pending work, and other reform initiatives the City of Toronto has committed to undertaking.

 

While we share the Provincial government’s concerns about the exploitation of vulnerable people, the Act would have multiple, adverse impacts on sex workers and particularly BIPOC, LGBTQ2S and migrant sex workers by increasing barriers to safe work and further alienating sex workers from health, social and legal supports, without meaningfully addressing human trafficking. Considering the role Toronto Police and By-law enforcement could be required to play, City Council should denounce Bill 251 in its current force and urge the Government of Ontario to work collaboratively with all parties and in deep consultation with those most vulnerable and likely to be impacted, including sex workers.

Background Information

(June 1, 2021) Revised Letter from Councillor Kristyn Wong-Tam, Ward 13, Toronto Centre, on Recommendations to Consult and Amend Bill 251, Combating Human Trafficking Act
https://www.toronto.ca/legdocs/mmis/2021/ex/bgrd/backgroundfile-167361.pdf
(May 14, 2021) Letter from Councillor Kristyn Wong-Tam, Ward 13, Toronto Centre, on Recommendations to Consult and Amend Bill 251, Combating Human Trafficking Act
https://www.toronto.ca/legdocs/mmis/2021/ex/bgrd/backgroundfile-166999.pdf

Communications

(May 28, 2021) Letter from Kamala Kempadoo, Professor of Social Science, York University (EX.Supp)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132419.pdf
(May 28, 2021) Letter from Mary Gellatly, Parkdale Community Legal Services (EX.Supp)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132415.pdf
(May 31, 2021) Submission from Elene Lam, Founder and Executive Director, Butterfly (Asian and Migrant Sex Workers Support Network) and Sandra Ka Hon Chu, Director of Research and Advocacy, HIV Legal Network (EX.Supp)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132459.pdf
(May 31, 2021) Letter from Gary Kinsman and Jamie Magnusson for the No Pride in Policing Coalition (EX.New)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132448.pdf
(May 31, 2021) Petition from Elene Lam, Butterfly, (Asian and Migrant Sex Workers Support Network) (EX.New)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132449.pdf
(May 31, 2021) Letter from Brianna Greaves and Renee Dumaresque, Showing Up for Racial Justice Toronto (EX.New)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132461.pdf
(June 1, 2021) Letter from Leah Watkiss, Collaborative Network to End Exploitation (EX.New)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132451.pdf
(June 1, 2021) Letter from Mary Birdsell, Executive Director and Jane Stewart, Staff Lawyer, Justice for Children and Youth (EX.New)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132470.pdf
(June 1, 2021) E-mail from Loretta Mui (EX.New)
(June 1, 2021) Submission from Anna Willats (EX.New)
(June 1, 2021) Submission from Jenny Duffy (EX.New)
https://www.toronto.ca/legdocs/mmis/2021/ex/comm/communicationfile-132487.pdf
(June 2, 2021) Letter from Ann De Shalit (EX.New)

Speakers

Sandra Ka Hon Chu, HIV Legal Network
Jamie Magnusson, No Pride in Policing Coalition
Gary Kinsman, No Pride in Policing Coalition
Elene Lam, Butterfly (Asian and Migrant Sex Workers Support Network)
Katrin Roots, University of Manitoba
Jenny Duffy, Maggie’s Toronto Sex Workers Action Project
Virginia Duarte Walsh, Parkdale Community Legal Services
Jane Stewart, Justice for Children and Youth
Mary Birdsell, Justice for Children and Youth
Anna Willats, Assaulted Women's and Children's Counsellor/Advocate Program
Brianna Greaves, Showing Up for Racial Justice
Alice Cavanagh, Health Providers Against Poverty
Jessie Tang, Chinese Canadian National Council Toronto Chapter
Kelly Hong Le, Better Futures For Kids Foundation
Councillor Kristyn Wong-Tam

Motions

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

That the Executive Committee:

 

1. Submit the Item to City Council without recommendation.

 

2. Request the City Manager to report directly to the June 8 and 9, 2021 meeting of City Council with background and context of Bill 251, Combating Human Trafficking Act, the implications of the recommendation contained in the letter (June 1, 2021) from Councillor Kristyn Wong-Tam and the proposals with respect to non-enforcement of this legislation in the City of Toronto as proposed by the public presenters.

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