Toronto ombudsman says City’s refugee housing decision ‘unfair’ and ‘harmful’; City manager disagrees

Toronto’s ombudsman says the city’s decision to stop allowing refugee claimants access to its shelter beds was “unfair, poorly planned” and ultimately “harmful.” However, the city’s manager says he does not accept the report’s findings and will not direct city staff to implement any of its recommendations.

In a report released Thursday, Ombudsman Kwame Addo acknowledged the immense pressure Toronto’s shelter system is facing and the dedication shown by city staff to deliver shelter services during a difficult time. But he found the city’s decision to deny refugee claimants who were seeking shelter in spaces not specifically designated for refugees in 2022 and 2023 constituted “anti-Black racism” and “systemically discriminated” people on the basis of citizenship and race.

“For refugee claimants …the City’s decision played a significant role in the emotional distress they experienced. This left many feeling othered, invisible, and unwelcome in a city they hoped would provide safety and support,” said Addo.

The city began turning away refugees and asylum seekers from its at-capacity shelters at the end of May 2023, referring them instead to backlogged federal programs and arguing they needed more money from Ottawa to accommodate the influx.

Hundreds of new arrivals were left sleeping on a downtown sidewalk outside of the city’s shelter intake office before they were moved to local churches with the help of community advocates.

In July, city council amended its policy to ensure everyone “regardless of status” was able to access the shelter system when beds were available.

Addo went on to say despite the reversal the unfairness was prolonged for an additional two months as city staff delayed implementing the changes.

“Although unintended, the decision systemically discriminated on the basis of citizenship and race, contrary to the Housing Charter, the Human Rights and Anti-Harassment/Discrimination Policy, and the Ontario Human Rights Code,” said Addo. “It constituted anti-Black racism, as many or most affected refugee claimants were from African countries or of African descent.”

Among the 14 recommendations made by Addo, he calls for a clear process for documenting and communicating eligibility changes that affect refugee claimants, training for staff on the City’s own Anti-Black Racism Analysis Tool and on housing as a human right, and strengthening accountability and oversight mechanisms to ensure decisions align with the City’s previously-established commitments and policies.

However, in response to the report City Manager Paul Johnson said in a letter to Addo that while some of the feedback provided by the city has been incorporated, most has not.

“I will receive the report on behalf of the organization, however, I do not agree with the findings and, subject to Council’s decision on your report, I will not take any further action in response to the recommendations beyond work the City already has underway,” he wrote.

“I’m disheartened that the tone of the report is accusatory in many places and reflects a lack of understanding of the context the City was in at the time as well as the roles and responsibilities of other orders of government.”

In his response, Addo said he finds the city’s refusal to act on the findings “troubling.”

“Accountability is a cornerstone of good governance, and addressing these issues is critical to restoring public confidence and ensuring all residents are treated with dignity. True accountability requires meaningful action,” he said.

“It is especially disappointing that the City views the right to adequate housing in its Housing Charter as merely aspirational. During a housing crisis of this magnitude, we need stronger action and a commitment to putting these principles into practice.”

Addo will present the report to City Council at its December meeting, asking the city to implement its recommendations.

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