Item - 2025.IA29.1

Councillor Gord Perks, Ward 4, Parkdale-High Park, has submitted the following Administrative Inquiry:

I am submitting this Administrative Inquiry under Municipal Code Section 27-7.11 for the April 23rd 2025 meeting of City Council.

On April 1st all members of Council received a letter from the Canadian Civil Liberties Association. It raised a number of questions about how the online survey regarding the “Proposed Demonstrations Bylaw to Protect Vulnerable Institutions” was designed and carried out.

The letter draws attention to the language in the survey which states that the potential bylaw is “not intended to prohibit peaceful and lawful demonstrations” – however as they point out, under the Canadian Charter of Rights and Freedoms, any protest is peaceful as long as it does not reach the level of physical violence or threats of physical violence. Protests which do not present these characteristics qualify as peaceful, even if they are disturbing, offensive or conveying intolerant or discriminatory expression. A bubble zone bylaw limiting this type of expression would expressly limit peaceful protests, which makes the survey’s statement potentially misleading.

The Canadian Civil Liberties Association points out that the survey materials mention that other municipalities have adopted a similar bylaw. But, the survey materials fail to mention that at least one of those municipalities is subject to an ongoing Charter challenge. This omission gives the impression that these bylaws are commonplace and non-contentious, which is not accurate.

Finally, the Canadian Civil Liberties Association points out that the survey is an anonymous process that does not even require respondents to attest that they are Toronto residents. This raises questions about what measures, if any, the City has implemented to ensure that results are not skewed by non-residents’ input or by multiple survey submissions made by the same individuals.

Charter jurisprudence protects the right to peaceful assembly and the right to free expression even in cases where it may cause ‘discomfort.’ The survey questions, which offer respondents an opportunity to express how they ‘feel’ when they encounter a peaceful demonstration, may lack the context that would properly allow for residents to provide an informed and balanced answer.

With a matter of such sensitivity, it is important to ensure that the consultation process is diligent, fair, and process oriented.

I am asking these questions to ensure a transparent, clear and fair discussion on this important topic and that the process is up to the standard of excellence that this tremendously important issue deserves.

If a determination is made under section 27-7.11 subsection A(3) of the Municipal Code that staff cannot answer all questions in the normal course of their work then I respectfully request that staff answer the questions they are able to and allow Council to determine under subsection B(1) if staff should answer the unanswered questions.

Survey

1. What measures, if any, has the City implemented to ensure that survey results are not skewed by non-residents’ input or by multiple survey submissions made by the same individuals?

2. What is the City’s standard for collecting data regarding if a person resides in Toronto as part of any public engagement survey and does this survey meet that standard?

3. It is often a City process to collect at least the first 3 letters of a postal code. Who designed the survey, including the decision to not collect any kind of information regarding a respondent’s place of residence? If a combination of City Staff and outside consultants, please enumerate all parties.

4. Who drafted or selected the questions for the survey? If a combination of City Staff and outside consultants, please enumerate all parties. Who approved the final survey questions?

5. Who drafted and approved the website ‘Background’ section? If a combination of City Staff and outside consultants, please enumerate all parties.

6. On such a critical matter, which directly involves freedom of expression and freedom of peaceful assembly –rights enshrined in the Canadian Charter of Rights and Freedoms – what was the role of City Legal in designing and vetting the questions on the survey, including all of the questions that solicit feedback about how individuals ‘feel’ about fundamental freedoms protected in the Charter?

7. How were email addresses added to the list that would be contacted directly regarding the survey?

In-Person Consultation Meetings

1. How many in-person consultation meetings have been scheduled, and are planned as part of the “Public Consultation for a Proposed Demonstrations Bylaw to Protect Vulnerable Institutions”? How was this decision made?

2. Were any of these meeting conducted ‘by invitation only’?

3. Who made the decision to conduct the meetings this way? Please list all City staff who approved the consultant’s plan.

4. Who determined who would be invited to these meetings? Was anyone added to the list of invitees at any point, if so, who requested that addition?

Consultant Selection and Procurement

1. What was the date when the contract was awarded to the consultant and who signed on behalf of the City?

2. How was the consultant selected and what other work has this consultant undertaken for the City dealing with issues of heightened sensitivity, or complex constitutional issues?

3. Please provide a copy of requirements, solicitation document, or similar, for the selection of the consultant for the pubic consultation.

4. What information or direction was given to the consultant regarding constitutional issues and the legal aspects of the potential bylaw?