Item - 2023.CC5.3

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.

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.

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.

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."

That:

1. City Council accept the report and direct City Officials to implement the report's recommendations, except recommendations 14, 16, 17, 18, 19.

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.”

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.

That Councillor Matlow be permitted to revise his motion.

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.

Councillor Perks, rising on a Point of Order, stated that Council passed a moratorium on clearing the parklet where Occupied happened.

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.