Item - 2018.RM47.1

CALL TO ORDER: 9:38 a.m.

Speaker Nunziata took the Chair and called the Members to order.

The meeting opened with O Canada.

Thursday, September 13, 2018

Members of Council observed a moment of silence and personal reflection. 

Speaker Nunziata acknowledged that City Council was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples.  Speaker Nunziata also acknowledged that Toronto is covered by Treaty 13 signed with the Mississaugas of the Credit.

Speaker Nunziata called upon Mayor Tory.

Mayor Tory's Address to City Council

Good morning.

I wanted to take a moment at the start of this meeting to explain, especially to the public, the nature and purpose of this meeting.

Today, I have convened a special session of City Council to discuss the reintroduction of a provincial bill to reduce the size of Toronto City Council which includes the province's plan to use section 33 of the Canadian Charter of Rights and Freedoms to exempt this bill from judicial review.

I want to thank Councillors and members of the public for taking time to attend today's meeting so that we can have a thoughtful discussion on this latest development and hear from our City Solicitor on what, if any, options we have as a Council.

We sent a clear message last month that the process by which this monumental change to the composition of our City Council was made was wrong and unacceptable.

We sought a remedy on behalf of our City, in the courts, which are an indispensable part of our overall democratic system, standing as they do, as the guardian of overreaches which can take place even with democratically elected governments.

The City of Toronto, together with other applicants, was successful in convincing the court to find Bill 5 contrary to the Charter of Rights and Freedoms.

Now we're confronted with a new reality that the Province is preparing to invoke the notwithstanding clause to push through this legislative change right now.

Not only is this unprecedented in the history of Ontario and an unacceptable process, but more importantly I believe this overriding of the Charter of Rights and Freedoms raises very big questions on a matter such as this and even bigger, profoundly important questions for the future.

As such this is an entirely proper and necessary meeting to hold now.

The importance of this moment is reflected in the comments of a wide variety of people including former Prime Minister Brian Mulroney, current Prime Minister Justin Trudeau, former Premier Bob Rae and former Premier Bill Davis – who helped bring about the much valued Charter of Rights and Freedoms that we are here today defending.

I want to enter Premier Davis' words into the record at the outset of this meeting – given that he was at the first meeting of this term of Council, I think it's an appropriate and balanced way to end this term at what will likely be our final meeting.

He told TVO host Steve Paikin this week that "the notwithstanding provision has, understandably, rarely been used, because of the primacy of the Charter of Rights and Freedoms for all Canadians. That it might now be used regularly to assert the dominance of any government or elected politician over the rule of law or the legitimate jurisdiction of our courts of law was never anticipated or agreed to".

Wise words that I hope will help guide today's debate.

So everyone in the public is aware, we will shortly go in camera to discuss the confidential legal advice of the City Solicitor related to this bill.

I trust you will understand that legal advice is discussed confidentially because it often includes an analysis of the strengths and weaknesses of the City's legal position.

I do want to publicly thank our Solicitor and her team, our City Clerk and those who are preparing for the October 22 election, our staff and elected officials and all of those who have put their names forward as candidates this Fall.

Once we have discussed this legal advice the City Solicitor has provided, we will come back to public session to decide on motions that will direct our City’s response to this new legislation.

I know we are all here today to keep standing up for Toronto and I know we are all prepared to continue to do that because we believe in this City, in all of its nearly 3 million residents, and in our ability to chart a responsible course for the City we all serve.

Thank you.