Ombudsman Toronto Report: Enquiry into the City of Toronto's Communication and Enforcement of COVID-19 Rules in City Parks in Spring 2020

This communications policy should: - Apply to all City divisions and departments - Apply to all the City's communication platforms, including, but not limitedto, its website, 311 Toronto, social media sites, news releases, signage,and communication pieces for City Councillors - Consider all of Toronto's diverse communities - Emphasize the importance of giving the public information that clearlydistinguishes between advice (including public health advice) and legallyprohibited activities - Include a requirement for clear, simple language - Use data and research to measure the effectiveness of City communications. Recommendation 2 To complement this communications policy, the City should develop processes to address the following: - Ensuring that the City addresses public complaints about City communications, including communications related to enforcement, in a timely and effective way - How the City can partner with local agencies serving Toronto's communities to communicate information about changes to the public's access to City services and facilities to the populations they serve in an effective and accessible way. Recommendation 3 MLS should immediately send clear and direct communication to all of its staff that "zero tolerance" is an unacceptable, unclear and unfair approach to enforcement, which should be avoided. Recommendation 4 MLS, with the help of Legal Services, should conduct a review of all MLS enforcement policies, procedures, guidelines, operational directives, training materials and any other relevant documents to identify and remove any reference to the term "zero tolerance." Recommendation 5 MLS should create a process that allows staff to make anonymous reports about operational concerns, questions or confusion. Recommendation 6 MLS, with the help of Legal Services and SDFA, should create a policy and training materials on the fair and equitable exercise of judgment and discretion by by-law enforcement officers in exercising their authority. MLS may wish to consult with the TTC, who is developing such a policy for its enforcement staff as a result of our previous reports. Recommendation 7 MLS should publish and widely share its policy on the fair and equitable exercise of judgment and discretion by by-law enforcement officers, including with community agencies serving vulnerable populations. Recommendation 8 As a priority, MLS, with help as necessary from SDFA, the City's Shelter Support and Housing Administration division, and other relevant City divisions, should develop a plan to allow MLS to hear directly from community organizations, particularly organizations serving vulnerable and marginalized people, and ensure that feedback from Toronto's communities informs the training and operations of MLS's enforcement activities. Recommendation 9 To promote transparency and public confidence, the City should immediately make public anonymized summaries of the findings and the systemic recommendations of the investigations into the incidents in April and June 2020 in High Park and Centennial Park respectively. Recommendation 10 The City should make public the steps it has taken, and will be taking, to implement the systemic recommendations in the High Park and Centennial Park investigations. Recommendation 11 MLS should develop an anti-racism strategy, with the help of the City's Confronting Anti-Black Racism unit, the City's Indigenous Affairs Office, other relevant City divisions and units and external resources as required. MLS's anti-racism strategy should have as one of its goals eliminating racial profiling by by-law enforcement officers. The anti-racism strategy should encompass the following areas of MLS operations: - Staff recruitment and retention - Policies and procedures - Training - Enforcement activities - Performance improvement and accountability - Community engagement. MLS may wish to consult with the TTC, which is undertaking a similar project as a result of our work with it. Recommendation 12 As part of developing an anti-racism strategy, MLS should consult with communities impacted by systemic racism, discrimination and vulnerability. Recommendation 13 As part of developing an anti-racism strategy, MLS should explore adopting a race-based data collection strategy to help identify inequalities in MLS's enforcement activities. As with Recommendation 11, MLS may wish to consult with the TTC, which is undertaking a similar project as part of developing its anti-racism strategy and race-based data collection strategy. Recommendation 14 The City should give Ombudsman Toronto quarterly updates on the status of its implementation of these recommendations.