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HomeMy WebLinkAboutCOR-2022-210 - No Conversion Practices Policy Investigation Report Back Corporate Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: June 8, 2022 SUBMITTED BY: Elin Moorlag Silk, Interim Director, Equity, Anti-Racism & Indigenous Initiatives, 519-741-2200 ext. 7049 PREPARED BY: Elin Moorlag Silk, Interim Director, Equity, Anti-Racism & Indigenous Initiatives, 519-741-2200 ext. 7049 WARD(S) INVOLVED: All Wards DATE OF REPORT: May 27, 2022 REPORT NO.: COR-2022-210 SUBJECT: No Conversion Practices Policy Investigation Report Back RECOMMENDATION: That Council approve the recommended amendments to the City Facility Usage by Groups or Events Policy (MUN-FAC-2030); and, That Council approve the recommended amendments to the Display & Posting Community Facilities Policy (MUN-FAC-405); and, That Council approve the recommended amendments to the Municipal Sponsorship Policy (GOV-COR-2000); and further, That Council approve the recommended criteria statement to be added to all community grants provided by the City of Kitchener, including the RISE Fund, Tier 2 Community Grants, LoveMyHood matching grants, and Facilities grants. REPORT HIGHLIGHTS: The purpose of this report is to present, for Council consideration, amendments to policies to areas within Municipal jurisdiction where provisions outlining the prohibition of Conversion Practices can be meaningfully added. There are no financial implications. Community engagement included working alongside members of No Conversion Canada in order to draft and move forward on policy amendments and explore ways to continue to support survivors of conversion therapy and those at risk in our community This report supports A Caring Community. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: In November 2021,Council, unanimously passed a formally denouncing conversion practices as practices as dangerous and harmful, perpetuating myths and stereotypes about sexual orientation and gender identity and expression. Council further directed staff to continue to monitor legislative developments at the federal and/or provincial orders of government pertaining to conversion therapy, and in conjunction with any actions taken by them and our regional and municipal partners locally, bring a report to Council outlining any further legislative and/or policy actions which may be contemplated by the municipality to further prohibit conversion practices th Shortly after this motion was passed at Council, on December 8, 2021, the Canadian Federal Government passed an Act to amend the Criminal Code. This enactment amends the Criminal Code to, among other things, create the following offences: (a) causing another person to undergo conversion therapy; (b) doing anything for the purpose of removing a child from Canada with the intention that the child undergo conversion therapy outside Canada; (c) promoting or advertising conversion therapy; and (d) receiving a financial or other material benefit from the provision of conversion therapy. It also amends the Criminal Code to authorize courts to order that advertisements for conversion therapy be disposed of or deleted. Although the amendments made to the Criminal Code bring much-needed additional protections to include prohibitive policies at the municipal level in order to send a clear message of support for the Federal law, continue to deter groups or individuals from using municipal facilities for the hosting or promoting of conversion practices, and most importantly, demonstrate to the queer and trans community that conversion practices have no place in the city of Kitchener. REPORT: In accordance with the motion passed in November 2021, staff have been working in collaboration with members of No Conversion Canada on policy amendments to areas within Municipal jurisdiction where provisions outlining the prohibition of Conversion Practices can be meaningfully added. In the case of the City of Kitchener, areas of focus include: Use of Municipal facilities Advertising and promoting events within Municipal facilities Municipal sponsorship Disbursement of funds through Municipal community grants Outlined below are the recommended amendments to the accompanying municipal policies. For each policy, it is recommended that the definition of Conversion Practices be added to the definition section of the policy along with a statement prohibiting conversion practices in the appropriate section of the policy. The recommended wording for the amendments were derived from two sources: 1) a sample municipal policy drafted by members of No Conversion Canada in order to assist Municipalities with policy amendments, and 2) the Canadian Criminal Code outlining the prohibition of Conversion Therapy. All amendments below are written in red. Recommendation #1: MUN-FAC-2030 Facility Usage by Groups or Events Policy Recommended amendments under the Conversion Practices: means a practice, treatment, or service designed to it conforms to the sex assigned to the person at birth; (d) repress or reduce non-heterosexual attraction or sexual behaviour; -cisgender gender identity; or m to the sex assigned to the person at birth. Recommended amendments under the Permitted Uses section of the policy: Permitted Uses Facility users may book spaces for any private or public events, with the exception of: Events for the purpose of hosting, arranging, contributing to, or promoting Conversion Practices Recommendation #2: MUN-FAC-405: Display & Posting Community Facilities Policy Conversion Practices: means a practice, treatment, or service designed to to the person at birth; (d) repress or reduce non-heterosexual attraction or sexual behaviour; -cisgender gender identity; or assigned to the person at birth. Recommended amendments under Section 4.1 of the policy: 4.1 Policy Statements l) Information displayed on bulletin boards or other designated areas, that advertises, promotes, or contributes to Conversion Practices, is prohibited. m) Distribution of materials which advertise, promote or contribute to Conversion Practices on or around the premises of community facilities, is prohibited. Recommendation #3: Municipal Sponsorship Policy (GOV-COR-2000) Conversion Practices: means a practice, treatment, or service designed to ssigned to the person at birth; (d) repress or reduce non-heterosexual attraction or sexual behaviour; -cisgender gender identity; or assigned to the person at birth. Recommended amendments under section 4. Policy ContentSponsorship Criteria The City will not accept sponsorship from companies whose reputation, products, services or message could prove detrimental or reflect negative business is derived from: The support of or involvement in hosting, arranging, contributing to, or promoting Conversion Practices Sponsorship shall not: Condone, promote or contribute to any form of Conversion Practices Recommendation #4: In the case of Community grants, it is recommended that the following statement be added to the criteria sections for all City of Kitchener community grant programs, including the RISE Fund, Tier 2 Community grants, LoveMyHood matching grants, and Facilities grants. No Municipal Support for Providers of Conversion Practices. The City of Kitchener shall not provide grant funding, financial support, or any other financial or in-kind contribution to any person, including any individual, body, business, or entity, that hosts, arranges, contributes to, or promotes Conversion Practices*. It is further recommended that the definition of Conversion Practices be included alongside the statement above for clarification. *Conversion Practices: means a practice, treatment, or service designed to (c) chan to the person at birth; (d) repress or reduce non-heterosexual attraction or sexual behaviour; -cisgender gender identity; or gender expression that does not conform to the sex assigned to the person at birth. Future Directions Beyond the amendments put forward in this report, City staff will continue to work with members of No Conversion Canada to explore ways to support conversion therapy survivors and those at risk within our own community, such as in-kind use of City facilities and identifying potential funding opportunities to support the work. STRATEGIC PLAN ALIGNMENT: This report supports A Caring Community. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM website with the agenda in advance of the council / committee meeting. COLLABORATE Community engagement included working alongside members of No Conversion Canada in order to draft and move forward on policy amendments and explore ways to continue to support survivors of conversion therapy and those at risk in our community PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Victoria Raab, General Manager of Corporate Services ATTACHMENTS: none