Fine Equity: Balancing Toronto Transit Commission Fare Evasion and Parking Fines - by Councillor Paula Fletcher, seconded by Councillor Alejandra Bravo

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The decision

2023-03-29 · Toronto City Council · deferred

As filed

City Council on March 29, 30, and 31, 2023, deferred Item MM5.6 to the May 10, 11, and 12, 2023 meeting of City Council.

The vote

Waive Referral · Carried, 19-6

For (19)Alejandra Bravo, Amber Morley, Anthony Perruzza, Ausma Malik, Brad Bradford, Chris Moise, Dianne Saxe, Gary Crawford, Gord Perks, Jamaal Myers, Jennifer McKelvie, Josh Matlow, Lily Cheng, Michael Thompson, Nick Mantas, Paul Ainslie, Paula Fletcher, Shelley Carroll, Vincent Crisanti

Against (6)Frances Nunziata, James Pasternak, Jaye Robinson, Jon Burnside, Mike Colle, Stephen Holyday

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On the agenda

As the city filed it

A basic principle that underlies the administration of fines and penalties is that there should be a proportionality between the offence and the fine or penalty. This helps preserve faith in the administration of justice. The fine for fare evasion on the Toronto Transit Commission is $195 ($235 once the other fees are added) and can rise over $400. The offence represents a loss of $3.25. In comparison, the offence for parking in a parking machine space without paying, or exceeding the time limit is $30.

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While the basis of each fine cannot be directly compared, the difference in fines between transit riders and drivers is quite stark and gives rise to a question of whether these fine amounts achieve the underlying objectives as part of the overall administration of justice. Ensuring that requested fine amounts are reviewed and reconsidered periodically would help restore confidence that the City is treating people fairly.

Staff recommended

Councillor Paula Fletcher, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council express its support for the principle of fairness in fines related to City services. 2. City Council direct the City Manager to request the Chief Executive Officer, Toronto Transit Commission to consider taking immediate steps to reduce the ticket for non-payment of fares to a rate more in line with other city fines related to transportation.

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3. City Council direct the City Manager to report directly to Council on this matter to the May 10, 2023 meeting of City Council.

On the record

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