Item - 2019.EX5.3

The Executive Committee recommends that:

1.  City Council reaffirm its absolute and unwavering opposition to hate speech in the City of Toronto.

2.  City Council direct the City Manager to inform organizers of events which occur regularly without a permit of the City's policies towards hate speech and hate activities.  

3.  City Council direct the Executive Director, People, Equity and Human Rights and the General Manager, Parks, Forestry and Recreation, in consultation with City Agencies and Corporations, to develop a policy to refuse permits for any events advocating hatred or violence against any faith, race, or sexual orientation on City property.

4.  City Council direct the General Manager Parks, Forestry, and Recreation to monitor rallies in City parks, and work with Toronto Police Services on-site in order to enforce by-law contraventions, including opportunities to charge event organizers for operating without a permit.

5.  City Council request the City Manager to, where possible, issue trespass or trespass warning letters to identifiable participants engaged in hate activities at rallies on City property.

6.  City Council request the City Manager and Chief Financial Officer and Treasurer to, whenever possible, make efforts to obtain reimbursement from organizers of events engaged in hate activities on City property for all City incurred expenses.

7.  City Council request the Executive Director, People, Equity and Human Rights and the City Solicitor to conduct a bi-annual review of the anti-hate policy and make any changes necessary to ensure it protects against hate activity on City property to the maximum extent permitted under the law.

8.  City Council, request the City Solicitor to monitor Bill 84, "An Act to amend the Legislative Assembly Act respecting demonstrations that promote hatred on legislative precinct grounds" and make comments based on the City's anti-hate policies.

9.  City Council request the Toronto Police Services Board to request the Toronto Police Service and the Attorney General to take swift and immediate action against any group found to be contravening the law and advocating anti-Semitism, Islamophobia, homophobia or any other forms of hatred contrary to the Criminal Code.

10.  City Council request the Toronto Police Services Board to request the Toronto Police Service to review procedures on collecting evidence of hate crimes at rallies and to review procedures for individuals to report hate crimes, and to review again the events of the 2018 Al Quds Day rally to determine whether a hate crime occurred.

11.  City Council request the Toronto Police Services Board to request the Toronto Police Service to review its training of officers and processes for the creation of the Toronto Police Service General Occurrence (G), for the detailing instances of hate, including speech, music, expressive clothing, placards, pamphlets, and other forms of hate dissemination at public events.

12.  City Council request the Attorney General to investigate the feasibility of creating a process to remove some discretion from decisions to lay charges for hate activities similar to those used for cases of domestic violence. 

This report responds to 2019.EX3.3 and outlines the following:

a. the Toronto Police Services Board's process for the referral to the Office of the Attorney General of allegations of hate activity on City property;

b. the results of the consultation and survey conducted in response to 2018.EX35.6 related to the City's Hate Activity Policy and the feasibility of the City addressing non-permitted protests featuring hate speech, including the possibility of recovering costs; and

c. the outcome of inquiries made to the Toronto Police Services Board and the Ministry of the Attorney General as directed in 2019.EX3.3.