Item - 2018.CC47.1

September 13, 2018 at 11:01 a.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item CC47.1 headed " Discussion of the reintroduction of a bill to reduce the size of Toronto City Council and the use of Section 33 of the Canadian Charter of Rights and Freedoms to exempt this bill from judicial review".  No motions were placed in closed session. City Council would now proceed with the public debate on the Item.

That:

1. City Council express its strong opposition to Bill 31 and the use of the Section 33 of the constitution in this matter.

2.  City Council direct the City Solicitor to challenge the legality of Bill 31 through an application in the Courts.

3.  City Council request the Federal Government to exercise the power of Disallowance with respect to Bill 31 to preserve respect for fundamental rights and freedoms provided for in the Charter of Rights and Freedoms.

Amended by motion 4a by Councillor Wong-Tam and motion 6 by Councillor Davis.

That City Council adopt the following recommendations contained in the supplementary report (September 12, 2018) from the City Solicitor [CC47.1a]:

1. City Council receive this report for information.

2. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege and is about litigation or potential litigation that affects the City of Toronto.

That City Council request the Government of Canada to provide a mechanism for the City of Toronto and other municipal governments to establish a City Charter that provides authority over "municipal issues" including, but not limited to, the following:

a. municipal elections;

b. municipal governance structure;

c. local land use and zoning decisions;

d. local fiscal matters including the ability to determine revenue sources, set tax rates, borrow funds, and allocate monies; and

e. personnel decisions.

That, in view of the Province's determination to deprive Toronto City Council and its Councillors of any meaningful say in the governing of the City that Members were elected to govern, City Council resolve to tender their unanimous resignation of its Members effective immediately.

That City Council amend motion 1a by Councillor Mihevc by adding the following:

4. City Council instruct the City Solicitor to respond to any proceeding to which the City is named as a party in a manner that supports Council's decision to challenge Bill 5 and Bill 31 and to seek status as a party in any other proceeding that in the opinion of the City Solicitor, in consultation with the City Manager, would support Council's decision to challenge Bill 5 and Bill 31.

5. City Council instruct the City Solicitor to take any further steps necessary consistent with these instructions, in consultation with the City Manager.

6. City Council instruct the City Solicitor to exhaust all legal avenues, including the appeal of any further judicial ruling(s).

That City Council request the Prime Minister and the Government of Canada to immediately take the following actions:

a. recognize the federal significance of the Canadian Charter of Rights and Freedoms including that of free and fair elections without interference; and

b. recognize the supremacy of citizens' rights over legislative convenience outside times of crisis or catastrophe.

That, in the event that a stay of Justice Belobaba's Order is granted by the Court, City Council request the Province to file Regulations to address the loss of candidates' ability to file nominations with the City Clerk between September 10 to 14, 2018.

That City Council amend the motion 1a by Councillor Mihevc by adding the following:

1. City Council forward its decision to all municipalities in Ontario seeking their support to defend municipal government autonomy and the right of municipalities to govern their own affairs and represent the interests of their residents and electors.

Councillor Campbell, rising on a Point of Order, stated that Councillor Fletcher's question of Councillor Mihevc was not a clarification of his motion.

Councillor Karygiannis, rising on a Point of Order, asked the Speaker if she would exercise the right to ask other Members of Council to leave the Chamber for interrupting.

Councillor De Baeremaeker, rising on a Point of Order, stated that Councillor Matlow's motion 2 is asking the government to change the constitution and that it was his understanding that the matter before Council was Bill 5 which is a Provincial Act affecting the size of Council. Councillor De Baeremaeker further stated that the Speaker should review the motion to determine if it is in order and advise Members before the vote.

Councillor Matlow, rising on a Point of Order, stated that City Council was in session to discuss Bill 31 and not Bill 5.  Councillor Matlow further stated that his motion is in response to Bill 31.

Councillor Perks, rising on a Point of Order, asked the Speaker to remind Councillor Karygiannis that Doug Ford did run for Mayor of Toronto but lost.

Councillor Karygiannis, rising on a Point of Order, stated that Councillor Davis is interrupting him while is seeking clarification of a motion.

Councillor Karygiannis, rising on a Point of Privilege, requested the Speaker to ask Councillor Perks to tone down his voice as he is going deaf.

Councillor Karygiannis, rising on a Point of Privilege, stated that Councillor Perks' remarks that Councillor Karygiannis' thoughts half the time were bananas was inappropriate.

Councillor De Baeremaeker, rising on a Point of Order, stated that he wish to withdraw his previous Point of Order asking the Speaker to rule whether Councillor Matlow's motion 2 was in order.

Councillor Holyday, rising on a Point of Order, asked the Speaker to rule whether Councillor Matlow's motion 2 was in order.