Item - 2024.EX14.9

The Executive Committee recommends that:

1. City Council adopt the Terms of Reference for an Aboriginal Affairs Advisory Committee as described in Attachment 1 to the report (April 30, 2024) from the City Manager and the City Clerk.

2. City Council direct the City Clerk to canvass Members of Council for their interest in appointment to the Aboriginal Affairs Advisory Committee for consideration by the Striking Committee.

3. City Council request the Aboriginal Affairs Advisory Committee to review and make recommendations for any amendments to the Advisory Committee's mandate or Terms of Reference no later than the end of 2025.

This report presents findings from a governance review of the Aboriginal Affairs Advisory Committee (AAAC) and recommends that Council adopt the proposed Terms of Reference for this committee as described in Attachment 1 to enable the AAAC to resume operation. It is also recommended that the AAAC review and make recommendations for any amendments to the mandate or Terms of Reference of the Advisory Committee by the end of 2025.

During the 2018-2022 City Council term, members of the AAAC raised questions and concerns about the structure and procedures of the committee. It was expressed by some previous AAAC members that the Simplified Rules of Procedure, under which Council Advisory Bodies (CABs) traditionally operate, are colonial practices that do not reflect Indigenous governance, offer little opportunity for real consideration of issues, and do not effectively support advancing the relationship between Indigenous communities and Toronto City Council as reflected in the principles of reconciliation. In February 2023, City Council re-established an AAAC for the 2022 to 2026 term and requested a governance review and engagement with the Indigenous community before adopting its Terms of Reference.

Two Indigenous facilitators engaged with members of the 2018-2022 AAAC and local Indigenous communities about their experiences and recommendations to inform the governance review (Aboriginal Affairs Advisory Committee Review webpage). The findings reflect a desire for City Council to establish meaningful ways to engage and receive advice and advance the relationship between City Council and Indigenous communities to address important issues and advance truth, justice, and reconciliation.

Further to the work undertaken by the consultants, the City Manager and staff engaged in discussions with the Toronto Aboriginal Support Services Council (TASSC) to consider a path forward. TASSC is composed of Indigenous social services agencies in Toronto and many members are original members of the AAAC with long relationships with the City. 

From the review findings and these discussions, it is evident that more work is needed for the City and Indigenous partners to co-create an advisory body that is reflective of Indigenous governance practices, advances self-determination and is empowered with decision-making authority. It is also evident that an AAAC should resume meeting to avoid gaps in important conversations and collaboration between City Council and Indigenous communities and to enable this longer-term co-creation and relationship building to continue.

The City Manager and City Clerk recommend that Council adopt the attached Terms of Reference for an AAAC, which are based on the initial terms of the 2018-2022 AAAC with updates consistent with Indigenous community input and recent Council direction on CABs, such as the provision of honoraria for AAAC members participating in meetings. The AAAC will have one Member of Council and, recognizing TASSC's experience with past AAACs and its connections in community, up to 25 public members nominated by TASSC and approved by Council. 

Adopting these Terms of Reference will enable this committee to resume meeting according to Council’s existing rules that are applied to CABs and propose amendments to Council once the members have begun to meet and can consider changes to how the body should operate to better reflect Indigenous governance practices. Acknowledging the diversity of the Indigenous community, it is also important that the City and the members of the AAAC consider input and feedback from the broader Indigenous community, including Indigenous organizations that are not members of the AAAC, in its consideration of future changes to its mandate and Terms of Reference.