Item - 2024.IE10.7

Tracking Status

  • City Council adopted this item on February 6, 2024 with amendments.
  • This item was considered by Infrastructure and Environment Committee on January 9, 2024. It is being forwarded to City Council without recommendations. It will be considered by City Council on February 6, 2024.

IE10.7 - Highway 401 Overpass Safety

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on February 6 and 7, 2024, adopted the following:

 

1. City Council direct the City Manager to develop a policy framework for the management and monitoring of rallies and protests, ensuring alignment with the City’s Human Rights and Anti-Harassment Policy, and report back to City Council by December 2024. 

  

2. City Council recognize that it is the responsibility and the jurisdiction of the police to conduct enforcement at a rally or protest, and in doing so recognize the need to adequately fund the police to carry out the work.

City Council Decision Advice and Other Information

City Council considered Items EX11.10 and IE10.7 together.

Background Information (Committee)

(January 8, 2024) Letter from Councillor James Pasternak on Highway 401 Overpass Safety
https://www.toronto.ca/legdocs/mmis/2024/ie/bgrd/backgroundfile-242070.pdf

Background Information (City Council)

(January 30, 2024) Supplementary report from the General Manager, Transportation Services and the City Solicitor on Safety Policies and Enforcement Measures to Prevent Driver Distractions From Protests and Rallies at 400-Series Overpasses (IE10.7a)
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-242754.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor James Pasternak (Carried)

That:

 

1. City Council direct the City Manager to develop a policy framework for the management and monitoring of rallies and protests, ensuring alignment with the City’s Human Rights and Anti-Harassment Policy, and report back to City Council by December 2024.

Vote (Amend Item (Additional)) Feb-07-2024 3:28 PM

Result: Carried Majority Required - IE10.7 - Pasternak - motion 1
Total members that voted Yes: 13 Members that voted Yes are Brad Bradford, Jon Burnside, Olivia Chow, Mike Colle, Vincent Crisanti, Nick Mantas, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Dianne Saxe, Michael Thompson
Total members that voted No: 11 Members that voted No are Paul Ainslie, Alejandra Bravo, Lily Cheng, Paula Fletcher, Stephen Holyday, Parthi Kandavel, Ausma Malik, Chris Moise, Amber Morley, Jamaal Myers, Gord Perks
Total members that were Absent: 2 Members that were absent are Shelley Carroll, Jaye Robinson

2 - Motion to Amend Item (Additional) moved by Councillor Stephen Holyday (Carried)

That:

 

1. City Council recognize that it is the responsibility and the jurisdiction of the police to conduct enforcement at a rally or protest, and in doing so recognize the need to adequately fund the police to carry out the work.

Vote (Amend Item (Additional)) Feb-07-2024 3:29 PM

Result: Carried Majority Required - IE10.7 - Holyday - motion 2
Total members that voted Yes: 16 Members that voted Yes are Brad Bradford, Jon Burnside, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Stephen Holyday, Parthi Kandavel, Nick Mantas, Josh Matlow, Jennifer McKelvie, Amber Morley, Frances Nunziata (Chair), Anthony Perruzza, Dianne Saxe, Michael Thompson
Total members that voted No: 8 Members that voted No are Paul Ainslie, Alejandra Bravo, Paula Fletcher, Ausma Malik, Chris Moise, Jamaal Myers, James Pasternak, Gord Perks
Total members that were Absent: 2 Members that were absent are Shelley Carroll, Jaye Robinson

Vote (Amend Item (Additional)) Feb-07-2024 3:31 PM

Result: Carried Majority Required - IE10.7 - Holyday - motion 2 - REVOTE
Total members that voted Yes: 18 Members that voted Yes are Brad Bradford, Jon Burnside, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Stephen Holyday, Parthi Kandavel, Nick Mantas, Josh Matlow, Jennifer McKelvie, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Dianne Saxe, Michael Thompson
Total members that voted No: 6 Members that voted No are Paul Ainslie, Alejandra Bravo, Paula Fletcher, Ausma Malik, Chris Moise, Gord Perks
Total members that were Absent: 2 Members that were absent are Shelley Carroll, Jaye Robinson

Motion to Adopt Item as Amended (Carried)

Motion to Reconsider Vote moved by Councillor Brad Bradford (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 2 by Councillor Holyday.

IE10.7 - Highway 401 Overpass Safety

Decision Type:
ACTION
Status:
Without Recs
Wards:
All

Committee Recommendations

The Infrastructure and Environment Committee forwards the Item to City Council without recommendation.

Decision Advice and Other Information

The Infrastructure and Environment Committee:

 

1. Requested the General Manager, Transportation Services and the City Solicitor to report directly to the February 6, 7 and 8, 2024 City Council meeting on:


a. existing safety policies and available enforcement measures to prevent driver distractions from rallies, protests, waving flags and affixing of banners on Highway 401 overpasses, including an itemized list of safety and enforcement measures to keep pedestrians, cyclists and motorists safe; and


b. the jurisdictional responsibilities and roles of the City of Toronto, the Province of Ontario, the Toronto Police Services and the Ontario Provincial Police in protecting the safety of pedestrians, cyclists and motorists on Highway 401 overpasses and the highway below.

Origin

(January 8, 2024) Letter from Councillor James Pasternak

Summary

In recent months, there has been a growing number of protests and rallies on 401 overpass bridges around the Greater Toronto Area. These groups vary in size from a few people to dozens. The events include the waving of flags, the affixing of posters to the bridge overhang, and using noise amplification. At times, there are also counter protests. A 401 overpass is perhaps one of the most dangerous locations for protests and rallies. The intention of the protests is to deliberately distract drivers to bring attention to their cause, on one of the busiest highways in North America. It is only a matter of time before there is a catastrophic accident with fatalities, injuries and property damage. Because the overpass is municipal responsibility and the highway below is provincial, various issues have emerged about what enforcement measures the City of Toronto can take to keep the roadway free of protests and safe for pedestrians, cyclists and motorists. There are also questions about how jurisdictional and enforcement measures are handled and divided between city staff (such as Municipal Licensing) and which are handled by Toronto Police Services. There is an urgency to see jurisdictional and enforcement clarity on this matter.

Background Information

(January 8, 2024) Letter from Councillor James Pasternak on Highway 401 Overpass Safety
https://www.toronto.ca/legdocs/mmis/2024/ie/bgrd/backgroundfile-242070.pdf

Motions

Motion to Add New Business at Committee moved by Councillor James Pasternak (Carried)

Motion to Adopt Item moved by Councillor James Pasternak (Carried)
Source: Toronto City Clerk at www.toronto.ca/council