Item - 2023.EX6.23

The Executive Committee recommends that:

1. City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the City Solicitor, to report to the April 2024 meeting of the Economic and Community Development Committee with a report on regulating the unsolicited delivery of graphic images to residences, so that recipients have a choice whether they wish to view such image, similar to the London Ontario Disturbing Images by-law that requires that any graphic image or photograph purporting to show a fetus, if delivered to a residence:

a. be fully concealed within a sealed envelope or package, marked with:

i. the name and address of the person responsible for delivery of the graphic image; and 

ii. a warning that the envelope or package “contains a graphic image that may be offensive or disturbing to some people”.

2. City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the City Solicitor and the General Manager, Transportation Services, to consider the feasibility of prohibiting advocacy signs that display graphic or disturbing images, as directed by City Council in Item 2023.EC4.6, as part of the report to the Economic and Community Development Committee in April 2024.

City Council on June 14 and 15, 2023, referred Motion MM7.17 to the Executive Committee.

Many Toronto residents are protesting being forced to view graphic anti-abortion images, in their homes, and in public spaces, without their consent. Activists have been putting open flyers with such images into residents’ mail boxes in communities across Canada. These flyers cause significant harm and distress, especially to young children and to people who have had miscarriages or abortions. Being forced to view these flyers in their homes violates their rights to privacy and to conscience.

To protect residents from these harms, while protecting freedom of expression, municipalities such as London, Ontario, and Calgary have adopted by-laws requiring that graphic flyers showing fetuses be enclosed in envelopes with a warning and identifying information. St. Catharines’ Council has instructed staff to prepare such a by-law.

London, Ontario was the first city in Canada to adopt such a by-law, and it has successfully reduced the number of abusive graphic flyers. Toronto has authority to pass a similar by-law here.

The City should also regulate graphic, disturbing images in public spaces and the public right of way. Such regulation is a longstanding request of City Council. There have been at least three separate Motions requesting that Municipal Licensing and Standards develop such regulations, but no such action has been taken:

December 5, 2017: MM35.10 Distribution and Display of Graphic Images

July 23, 2018: MM44.35 Use of the Public Right of Way for Display of Graphic Images

June 15, 2022: MM45.22 Prohibition and Regulation of Graphic Imagery Distributed to Private Residences and Displayed in the Public Realm

This problem continues to recur, most recently outside of a number of high schools where students were subjected to graphic imagery that spread false or misleading information about reproductive health.