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Staff Report
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Report To: General Government Committee
Date of Meeting: May 10, 2021 Report Number: CSD-002-21
Submitted By: George Acorn, Director of Community Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: By-law Number:
Report Subject: Symbols of Hate -]Anti-Racism and Symbols of Hate
Recommendations:
1. That Report CSD-002-21 be received;
2. That Clarington Council, in recognition of the power that symbols can have on the
psychology and well-being of community members, request that the Association of
Municipalities of Ontario (AMO) petition the Provincial Government on behalf of
Ontario municipalities to enact legislation that would enable municipalities to make
enforceable decisions regarding symbols deemed unacceptable by the local
community. Such consideration to also include a review of statutes where hate
speech and symbols may be identified as illegal;
3. That the Municipality of Clarington, as a member of the Federation of Canadian
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advocate to the Federal Government in the development of legislation that would
clarify and strengthen the definition of hate speech and symbols, including explicit
recognition of the psychological harm that can be caused by hateful symbols, and
work with all levels of government in addressing the root causes of hate speech;
4. That this motion be forwarded to AMO and FCM as well as our local area Members
of Parliament and Members of Provincial Parliament for their information;
5. That the Diversity Advisory Committee, in partnership with staff, be directed to
prepare an anti -racism policy that would apply to all staff, Members of Council, and
all visitors to municipal -owned facilities and spaces. The Anti -Racism Policy would
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Municipal -owned facilities and spaces. This Policy can be displayed at all facilities so
that users are aware of the expectations under the Policy and the consequences for
not adhering to it;
Municipality of Clarington
Resort CSD-002-21
Page 2
6. That once these action items are approved for direction, the Mayor and Members of
Council of the M u n LFLSD" [[[I GU J R-IFIL-I-SDU711U- LS L fl1FFn Q UL:J FRLIWi LCI-W=
Advisory Committee, release an Official Statement to share some context about this
issue and demonstrate how we are working together to promote a community where
every individual regardless of race, ethnic origin, gender identity or sexual
orientation is welcome and racism, discrimination, intolerance and the promotion of
hatred through symbols or statements have no place in our community; and
7. That all interested parties listed in Report CSD-002-21 and any delegations be
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Municipality of Clarington
Report CSD-002-21
Report Overview
Page 3
Since July 2020, as the result of an incident of display of the Confederate flag in our
com m u n ity, s JDI I FFM RF— -FLC D G GUL J REV' L7 WL=GAM4J= RP P L+HFTnEHIEF- - LIL
investigating ways to address symbols of hate in our community. Symbols of hate represent
an ideology of superiority of one group of people over another, which further marginalizes
disadvantaged groups and has a devastating impact on families and communities.
As a result of that work, this report shares five actionable recommendations, as identified in
the recommendation section, E❑LUGU_J R_1W LJ ULL_LGAV I_I_uRP P LLFH. The Committee
asks that these actions be considered in order to further address racism and discrimination,
including the display of symbols of hate, in our community.
1. Background
1.1 In July 2020, through Resolution #GG-246-20, Council directed staff to develop a
protocol to prohibit symbols of hate and racial intolerance in our community; and that the
Diversity Advisory Committee be consulted in the development of this protocol.
1.2 A staff report, LGL-007- _ DV-SUHSDUiG mL A/RP HiLWRP P H❑GD RE\/N4 UR❑EF10V
consideration in September 2020. Through Resolution #GG-336-20, this report was
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1.3 VCID i0UL:J ROVLDiversity Advisory Committee recommended that an
amendment be made to the Sign By-law to prohibit the public display of symbols of hate
within the Municipality of Clarington and that a joint Official Statement by the Mayor and
Members of Council in partnership with the Diversity Advisory Committee condemning
symbols of hate in our community be released.
1.4 The recommendation to amend the Sign By-law was forwarded to the Region of
' IU-IDP V1LH❑ ' L_Fi MLM( TELIL and Inclusion group for comments through Resolution
#GG-469-20. This group has been recently formed and we are still waiting for
comments or direction on this issue.
1.5 Through consultation to develop the proposed joint statement, the Diversity Advisory
Committee expressed the shared opinion that any statement that was released should
be supported with actionable items to demonstrate a commitment to the message of the
statement.
Municipality of Clarington
Report CSD-002-21
Page 4
1.6 After reviewing their recommendations, Council directed the Diversity Advisory
Committee through Resolution #GG-181-21 to provide recommended action items that
could be implemented (as contained in this report) to support the message of
condemning symbols of hate in our community while we await comments from the
Region of Durham.
2.1 At their February 2021 meetL❑J MMOUL-J R-Vl� L f1M=G-LRJ=RP P L+HE1PJiGIt11
form a working group to develop proposed action items to bring back to the Diversity
Advisory Committee at their March 2021 meeting.
2.2 This working group reviewed a scan of other municipalities to see what had been done
and made a list of best practices. The working group also looked for opportunities to
recommend action items that fall within the M❑ELRSDUEVAFRSH-D-GDL DCRI❑
responsibility.
Provincial and Federal Support
2.3 It was found that many municipalities are struggling with the definition of a symbol of
hate and have questions surrounding their ability to enforce any public displays of these
symbols, particularly on private property.
2.4 One challenge that has been identified by municipalities is the lack of ability to enforce
decisions regarding the display of symbols of hate. The Province of Ontario can create
legislation that would support this function at the municipal level.
2.5 Another challenge that has been raised is the lack of definition of symbols of hate. Hate
activity is referenced in the Canadian Charter of Rights and Freedoms as well as the
Canadian Criminal Code, however there is not a clear definition of what constitutes a
symbol of hate.
2.6 To clarify and provide authority to municipalities, the Town of Collingwood, City of
Brampton and others have urged the Association for Municipalities of Ontario (AMO)
and the Federation of Canadian Municipalities (FCM) to advocate to the provincial
(AMO) and federal (FCM) levels of government for direction and changes in the matter
surrounding symbols of hate.
2.7 To leverage these existing initiatives, the Diversity Advisory Committee is
recommending that the Council of the Municipality of Clarington join the efforts of other
municipalities and communicate our desire for defined changes with respect to
legislation and definitions related to symbols of hate.
Municipality of Clarington
Report CSD-002-21
Anti -Racism Policy
Page 5
2.8 Various municipalities across Ontario, and Canada, are currently looking for ways to
address the display of symbols of hate. Many are looking to adopt anti -racism policies
(including the City of Toronto, the Township of Uxbridge and Perth County) that address
and respond to community racism, to ensure that individuals and groups are not
disadvantaged because of their race.
2.9 An anti -racism policy would raise awareness about discrimination, addressing diversity
issues and anti -racism practices. The development of such a policy would be proactive,
with the goal of preventing discrimination and of creating a climate of understanding and
mutual respect.
2.10 The Diversity Advisory Committee would like to develop, in partnership with staff, an
anti -racism policy that would apply to municipal staff and volunteers, Members of
Council, Board and Committee members and all visitors to municipally owned facilities
and spaces. This policy would demonstrate that racial discrimination and harassment of
community members visiting, and staff working in our buildings and spaces will not be
tolerated at any time.
Continued Collaboration
2.11 GU_U R-W Lversity Advisory Committee will continue to pursue and engage in
meaningful discussions and collaborate with others on anti -racism and anti-
discrimination initiatives, such as:
F- Engage with the Region of Durham to discuss ways to consistently address issues
surrounding racism and discrimination, including symbols of hate, across all
municipalities in the Region;
❑ Engage with Durham Regional Police Services to better understand hate symbols and
hate activity and how they are addressed in our community; and
❑ Engage with local school boards to see if there are programs in place within the schools
that could be adapted for community education on matters surrounding bullying and
hate activity.
3. Concurrence
Not Applicable.
Municipality of Clarington
Report CSD-002-21
4. Conclusion
Page 6
It is respectfully recommended that the proposed recommendations as provided by
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Staff Contact: Lee -Ann Reck, Manager, Client Services, 905-623-3379 ext. 2508 or
Ireck@clarington.net.
Attachments:
Not Applicable
Interested Parties:
The following interested parties will be notified of Council's decision:
Clarington Diversity Advisory Committee
Association for Municipalities of Ontario
Federation of Canadian Municipalities
Local Members of Parliament and Members of Provincial Parliament