Item - 2024.EX13.9

The Executive Committee recommends that: 

1. City Council direct that Confidential Attachment 1 to the supplementary report (March 19, 2024) from the City Solicitor remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege.

This report responds to City Council’s request for options, methods and budget implications of a public information strategy that could be used to inform the public about recognizing and enshrining City of Toronto authorities within the Canadian Constitution and/or a public consultation strategy that would seek public input on where the City of Toronto should have more power or authorities.

A range of communications and public engagement options are presented in this report, from basic to moderate to best-practice in these areas.  If City Council has already made a policy decision or is seeking confirmation from the public about a policy position, then basic or moderate strategies might be chosen.  If City Council is seeking considerable input, advice and involvement of the public to inform a policy position, a more comprehensive set of tactics, time and resources would be required.

Considerations when developing a public information or consultation strategy for a complex, city-wide and whole-of-government public policy issue are outlined in this report and include:

- The size and diversity of Toronto's population.

- Applicable legislation, City policies, Council decisions, research or existing public input on the issue.

- The complexity of the issues being communicated and consulted on.

- Any sectors, communities, City divisions, agencies or partners who may be impacted by the issue or a decision by Council.

- The public’s interest and level of understanding of the City, the issue and its impact on them.

- How people receive information and want to be engaged.

- Barriers to public participation and supports participants require to participate.

- The City’s Reconciliation Action Plan, the Toronto Action Plan to Confront Anti-Black Racism, and other equity-related policies and plans.

- If there are any municipal, provincial or federal legislated processes, reporting requirements, critical steps or timelines that must be followed.

- The appropriate tactics and methods to meet stated objectives and where in the decision-making process the strategies would occur.

- City staff capacity, need for external consultants, available budget and timelines.

Information from past consultations and engagements for complex public policy issues served as the basis for identifying potential methods and resource requirements for a city-wide public information or consultation strategy at the scale and scope required for seeking constitutional changes or amendments to Toronto’s authorities.

This report responds to a request for the City Solicitor to outline the legal mechanisms for amending the Canadian Constitution to recognize and enshrine certain City of Toronto authorities to establish what is has been referred to as a "Charter City".  The potential use of various approaches to seek an amendment is discussed in detail in the Confidential Attachment 1.