Item - 2023.CC5.3
Tracking Status
- City Council adopted this item on March 29, 2023 with amendments.
CC5.3 - Ombudsman Toronto Report: Investigation into the City's Processes for Clearing Encampments in 2021
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on March 29, 30 and 31, 2023, adopted the following:
1. City Council accept the report from Ombudsman Toronto and direct City Officials to implement the report's recommendations.
Ombudsman Toronto's Recommendations:
1. The City should ensure that the City division or group tasked with clearing encampments is properly resourced, has the required social services expertise needed to properly support people living in encampments, and works collaboratively with divisional partners.
2. The City should ensure that, if it decides it is necessary to clear an encampment, it prioritizes the needs of those living in the encampment, including providing vital social services to help with the transition.
3. The City should create a detailed plan outlining how the City will support access to physical and mental health services for those living in encampments.
4. The City should create a strategy for engaging with people living in encampments, including specific strategies for Indigenous communities, as well as Black, racialized, and equity-deserving groups. These strategies should include a clear definition of engagement. They should also seek and incorporate feedback from people living in encampments.
5. The City should proactively work to repair its relationships with community workers for the benefit of those living in encampments.
6. The City should provide the public with clear information about its response to encampments, including, but not limited to, the clearing process, the roles of City staff involved, how much notice will be provided, and the supports and services available to those living in encampments. If the City changes its mind about a clearing's compliance date, it should share that information with the people living in the encampment before the date listed on the Trespass Notice. If the City still plans to clear the encampment, it should inform those living in the encampment of the new date as soon as possible.
7. The City should communicate with encampment residents in clear, accessible, and plain language, and provide a dedicated resource for those living in encampments to ask questions or raise concerns with the City.
8. The City should use multiple communications channels and methods to ensure people living in encampments are informed in a timely way.
9. The City should finalize its review of the Dufferin Grove Park initiative and make it public as soon as possible, in order to make the initiative permanent.
2. City Council endorse the recommendations in the Ombudsman’s report and, in so doing, confirm its support for the Dufferin Grove approach to dealing with encampments.
3. City Council commit to working with those who reside in encampments using human rights and culturally appropriate responses.
4. City Council ensure that encampment residents are provided safe indoor space proactively by City Staff.
5. City Council endorse the goal of no encampments in the City of Toronto.
6. City Council direct the appropriate City staff to report back to City Council in the fourth quarter of 2023 on:
a. a revised mandate and strategic plan to guide the City's encampment response that is aligned with both the updated Encampment Interdepartmental Protocol and the realization of the progressive right to housing as outlined in the Toronto Housing Charter;
b. the composition, leadership and mandate of the inter-divisional Encampment Working Group;
c. clear procedures required in advance of any issuing of notices of eviction;
d. minimum time threshold established between an issuing of a notice of eviction and associated procedures to move forward with a clearing; and
e. policy grounds to authorize any encampment clearings.
7. City Council direct the City Solicitor to report in the fourth quarter of 2023 on the impact of the Ontario Superior Court finding that the action of the Region of Kitchener-Waterloo to evict an encampment violated Section 7 of the Charter of Rights and Freedoms.
8. City Council request the Provincial Government to develop a regional approach to homelessness in the Greater Toronto Area including ensuring that local governments provide adequate shelter space for their residents.
9. City Council request the Federal and Provincial Governments to increase support for pathways out of homelessness.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-235279.pdf
Ombudsman Toronto Report: Investigation into the City's Processes for Clearing Encampments in 2021, dated March 24, 2023
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-235280.pdf
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-166649.pdf
Motions (City Council)
That:
1. City Council endorse the recommendations in the Ombudsman’s report and in so doing, confirm its support for the Dufferin Grove approach to dealing with encampments.
2. City Council commit to working with those who reside in encampments using human rights and culturally appropriate responses.
3. City Council ensure that encampment residents are provided safe indoor space proactively by City Staff.
4. City Council endorse the goal of no encampments in the City of Toronto.
5. City Council request the Provincial government to develop a regional approach to homelessness in the Greater Toronto Area including ensuring that local government provide adequate shelter space for their residents.
6. City Council request the Federal and Provincial government increased support for pathways out of homelessness.
Vote (Amend Item) Mar-31-2023 5:12 PM
Result: Carried | Majority Required - CC5.3 - McKelvie - Adoption of motion 1 Recommendation 4 only |
---|---|
Total members that voted Yes: 19 | Members that voted Yes are Paul Ainslie, Brad Bradford, Jon Burnside, Shelley Carroll, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Nick Mantas, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson |
Total members that voted No: 4 | Members that voted No are Alejandra Bravo, Ausma Malik, Josh Matlow, Gord Perks |
Total members that were Absent: 2 | Members that were absent are Lily Cheng, James Pasternak |
Vote (Amend Item) Mar-31-2023 5:13 PM
Result: Carried | Majority Required - CC5.3 - Adopt balance of motion 1 |
---|---|
Total members that voted Yes: 22 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson |
Total members that voted No: 1 | Members that voted No are Stephen Holyday |
Total members that were Absent: 2 | Members that were absent are Lily Cheng, James Pasternak |
That:
1. City Council direct the appropriate City staff to report back to City Council in the fourth quarter of 2023 on:
a. a revised mandate and strategic plan to guide the City's encampment response that is aligned with both the updated Encampment Interdepartmental Protocol and the realization of the progressive right to housing as outlined in the Toronto Housing Charter;
b. the composition, leadership and mandate of the inter-divisional Encampment Working Group;
c. clear procedures required in advance of any issuing of notices of eviction;
d. minimum time threshold established between an issuing of a notice of eviction and associated
procedures to move forward with a clearing; and
e. policy grounds to authorize any encampment clearings.
Vote (Amend Item) Mar-31-2023 5:18 PM
Result: Carried | Majority Required - CC5.3 - Bravo - motion 2a |
---|---|
Total members that voted Yes: 21 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Shelley Carroll, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson |
Total members that voted No: 2 | Members that voted No are Jon Burnside, Stephen Holyday |
Total members that were Absent: 2 | Members that were absent are Lily Cheng, James Pasternak |
That:
1. City Council direct the City Solicitor to report to the May 10, 2023 meeting of City Council on the impact of the Ontario Superior Court finding that the action of the Region of Kitchener-Waterloo to evict an encampment violated Section 7 of the Charter of Rights and Freedoms.
Vote (Amend Item) Mar-31-2023 5:17 PM
Result: Carried | Majority Required - CC5.3 - Bravo - motion 2b as amended |
---|---|
Total members that voted Yes: 23 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson |
Total members that voted No: 0 | Members that voted No are |
Total members that were Absent: 2 | Members that were absent are Lily Cheng, James Pasternak |
That:
1. City Council amend Councillor Bravo's Motion 2b by deleting "May 10, 2023 meeting of City Council" and inserting the words "fourth quarter of 2023", so the motion now reads as follows:
"1. City Council direct the City Solicitor to report to the fourth quarter of 2023 May 10, 2023 meeting of City Council on the impact of the Ontario Superior Court finding that the action of the Region of Kitchener-Waterloo to evict an encampment violated Section 7 of the Charter of Rights and Freedoms."
Vote (Amend Motion) Mar-31-2023 5:15 PM
Result: Carried | Majority Required - CC5.3 - Carroll - motion 3 |
---|---|
Total members that voted Yes: 17 | Members that voted Yes are Paul Ainslie, Brad Bradford, Jon Burnside, Shelley Carroll, Mike Colle, Gary Crawford, Vincent Crisanti, Stephen Holyday, Nick Mantas, Jennifer McKelvie, Chris Moise, Amber Morley, Frances Nunziata (Chair), Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson |
Total members that voted No: 6 | Members that voted No are Alejandra Bravo, Paula Fletcher, Ausma Malik, Josh Matlow, Jamaal Myers, Gord Perks |
Total members that were Absent: 2 | Members that were absent are Lily Cheng, James Pasternak |
That:
1. City Council accept the report and direct City Officials to implement the report's recommendations, except recommendations 14, 16, 17, 18, 19.
Vote (Amend Item) Mar-31-2023 5:09 PM
Result: Lost | Majority Required - CC5.3 - Holyday - motion 4 |
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Total members that voted Yes: 3 | Members that voted Yes are Jon Burnside, Stephen Holyday, Nick Mantas |
Total members that voted No: 20 | Members that voted No are Paul Ainslie, Brad Bradford, Alejandra Bravo, Shelley Carroll, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Ausma Malik, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson |
Total members that were Absent: 2 | Members that were absent are Lily Cheng, James Pasternak |
That City Council amend Motion 1 by Deputy Mayor McKelvie by deleting Recommendation 4 and replacing with the following new Recommendation 4:
"4. City Council endorse the goal of providing affordable housing and safe indoor space so that no one is forced to live in an encampment as a last resort.”
Vote (Amend Motion) Mar-31-2023 5:10 PM
Result: Lost | Majority Required - CC5.3 - Matlow - motion 5a |
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Total members that voted Yes: 9 | Members that voted Yes are Paul Ainslie, Alejandra Bravo, Paula Fletcher, Ausma Malik, Josh Matlow, Chris Moise, Amber Morley, Jamaal Myers, Gord Perks |
Total members that voted No: 14 | Members that voted No are Brad Bradford, Jon Burnside, Shelley Carroll, Mike Colle, Gary Crawford, Vincent Crisanti, Stephen Holyday, Nick Mantas, Jennifer McKelvie, Frances Nunziata (Chair), Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson |
Total members that were Absent: 2 | Members that were absent are Lily Cheng, James Pasternak |
That:
1. City Council request the City Manager to:
a. place a moratorium on forceful encampment evictions until all Ombudsman recommendations are implemented; and
b. establish a permanent Encampment Advisory Committee, which includes residents with current or recent lived experience, advocates, and experts, to:
i. advise on the implementation of the Ombudsman recommendations; and
ii. consult with prior to any eviction action to ensure that encampment residents’ needs are addressed, including the provision of safe and suitable shelter.
Vote (Amend Item) Mar-31-2023 5:20 PM
Result: Lost | Majority Required - CC5.3 - Matlow - motion 5b |
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Total members that voted Yes: 6 | Members that voted Yes are Paul Ainslie, Alejandra Bravo, Ausma Malik, Josh Matlow, Amber Morley, Gord Perks |
Total members that voted No: 17 | Members that voted No are Brad Bradford, Jon Burnside, Shelley Carroll, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Nick Mantas, Jennifer McKelvie, Chris Moise, Jamaal Myers, Frances Nunziata (Chair), Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson |
Total members that were Absent: 2 | Members that were absent are Lily Cheng, James Pasternak |
That Councillor Matlow be permitted to revise his motion.
Vote (Amend Motion) Mar-31-2023 5:07 PM
Result: Lost | Majority Required - CC5.3 - Matlow - motion 5c |
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Total members that voted Yes: 11 | Members that voted Yes are Paul Ainslie, Alejandra Bravo, Paula Fletcher, Ausma Malik, Nick Mantas, Josh Matlow, Chris Moise, Amber Morley, Jamaal Myers, Gord Perks, Anthony Perruzza |
Total members that voted No: 12 | Members that voted No are Brad Bradford, Jon Burnside, Shelley Carroll, Mike Colle, Gary Crawford, Vincent Crisanti, Stephen Holyday, Jennifer McKelvie, Frances Nunziata (Chair), Jaye Robinson, Dianne Saxe, Michael Thompson |
Total members that were Absent: 2 | Members that were absent are Lily Cheng, James Pasternak |
Vote (Adopt Item as Amended) Mar-31-2023 5:21 PM
Result: Carried | Majority Required - CC5.3 - Adopt item as amended |
---|---|
Total members that voted Yes: 21 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Ausma Malik, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson |
Total members that voted No: 1 | Members that voted No are Stephen Holyday |
Total members that were Absent: 3 | Members that were absent are Lily Cheng, Nick Mantas, James Pasternak |
Councillor Thompson, rising on a Point of Order, stated that the Ombudsman was present and would Council give the Ombudsman an opportunity to speak about his report and frame it, so Council could ask him questions.
Councillor Perks, rising on a Point of Order, stated that the City of Toronto had a moratorium on clearing encampments in the initial phase, when the shelters were full, and wished to know what mechanism was used to create that.
Councillor Perks, rising on a Point of Order, stated that the Procedural Bylaw makes it very plain that Members of Council can ask the Clerk to clarify the rules and he is being told that a thing Council did before cannot be done, and that he wishes to understand why.
The City Solicitor advised City Council that encampment clearing is essentially a by-law enforcement activity, so the legal principle that legislative bodies should not direct law enforcement activities applies.
Councillor Perks, rising on a Point of Order, stated that Council passed a moratorium on clearing the parklet where Occupied happened.
Challenged by Councillor Gord Perks
Councillor Matlow, rising on a Point of Order, stated that his intent in the motion is to have the by-law in abeyance to have that moratorium and that he would appreciate being able to amend it.
Councillor Matlow, rising on a Point of Order, stated that he is asking to amend his own motion to put the by-law in abeyance to allow for the moratorium.
Councillor Perks, rising on a Point of Order, stated that he wished to remind the Speaker it was her duty to conduct the meeting so all Members have the right to be heard, and also that Members of Council are told that they can rely on Clerks and Legal for advice so that their motions are in the right form and that they should not be getting that advice after the motions have been placed. Councillor Perks further stated that Councillor Matlow's rights as a Member of this Council have been abrogated, including by the Speaker, and he would ask the Speaker to withdraw what she said to Councillor Matlow and return to the role of being a neutral manager of this Council.
The Speaker called for a recorded vote on whether or not it is the will of Council to allow Councillor Matlow to amend his motion.
Rulings (City Council)
Members, before we vote on the motions, I wish to make a ruling on one of Councillor Matlow’s motions.
I’m ruling that part 1A of Motion 5b is out of order on the grounds that a moratorium constitutes the direction of enforcement activities.
It is a common legal principle that has been cited in this Chamber many times over the years that Council may not direct enforcement activities.
For that reason, Part 1A of Motion 5B is out of order. We will vote on the balance of the motion.